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278 S.W.2d 398

McCain v. Yost

Court of Appeals of Texas

Decided March 18, 1955

Court of Appeals of Texas · decided 1955-03-18

Cited by 2 later decisions — most recently December 1955

1 federal appellate · 1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1955-03-18

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¶1On Motion for Rehearing

¶2In her motion for rehearing, appellant calls our' attention to the fact that she did not concede, as we said in the original opinion, “that had deceased died between the time of the divorce and the effective date of Chapter 113, … she could not have recovered, since at that time she had no insurable .interest, in the life of her former husband,”. but that “She did concede that had the death occurred prior to the passage of the 1953 Act, she would not have been entitled, to recovery under the then prevailing rule of stare decisis!’ We are glad-to make the correction. •

¶3We have carefully considered' all other points raised in the able motion for rehearing, but feel that we -must adhere to our original disposition of the case; and with the correction above noted, .the,motion for rehearing is overruled. Since . what we have said here does not affect the conclusion reached in the original opinion, it cannot form a basis for a second motion for rehearing. -

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