stipulation claim in Texas

2017Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim.

2015Id. at 10– 11, 370 S.W.3d at 270 . 10 In Rye, a sexual assault case in which the appellant challenged a stipulation she had made in the trial court as to the unavailability of a witness, the appellate court held that the appellant could not both request the trial court to accept the stipulation and claim to the appellate court that it was error for the trial court to have done so. 2009 Ark.

2015Id. at 10– 11, 370 S.W.3d at 270 . 10 In Rye, a sexual assault case in which the appellant challenged a stipulation she had made in the trial court as to the unavailability of a witness, the appellate court held that the appellant could not both request the trial court to accept the stipulation and claim to the appellate court that it was error for the trial court to have done so. 2009 Ark.

2009But the trial court denied Dr. Aviles’s motion for reimbursement of attorney’s fees (even though more than $85,000 had been expended) based on a stipulation by defense counsel that the fees “were paid by the insurance carrier on behalf of the doctor” and “not paid by the doctor personally.” The court of appeals affirmed, defining “incur” as “to have liabilities cast upon one” based on an older edition of Black’s Law Dictionary. 2 Believing the fees in this case had been “cast upon” the insurer rather than the physician, the court of appeals concluded that Dr. Aviles had incurred no fees. 292 S

1989We therefore reverse the judgment of the court of appeals awarding judgment to plaintiff, 750 S.W.2d 343 , and render judgment that plaintiff take nothing.

1977The rule and the reason for it are fairly laid down by the supreme court of Alabama in Cross v. State, 78 Ala. 430 , as follows: ‘All we decide is that the agreement to waive the right of trial by jury must ordinarily be construed to apply only to the particular trial at which it is made.

1977The rule and the reason for it are fairly laid down by the supreme court of Alabama in Cross v. State, 78 Ala. 430 , as follows: ... `All we decide is that the agreement to waive the right of trial by jury must ordinarily be construed to apply only to the particular trial at which it is made.

1935But the Marshall Case is not authority to support the case, before us, asking for monthly benefits that have accrued before proper proof of disability has been given the insurer and during the life of the insured, because the opinion states: "A construction making the disability benefits to begin as of the time of proof might be all right where such benefits are sought while the insured is living.” The case of State Life Insurance Co. v. Barnes (Tex.Civ.App.) 58 S.W.(2d) 189 , is one in which the waiver of payment of premiums, in accordance with the specific provisions of the contract, is invo

1935In that opinion the court cites State Life Insurance Co. v. Fann (Tex.Civ.App.) 269 S.W. 1111 , but the Fann Case concerns the waiver of payment of a premium, as specifically provided for in the policy, by total disability of the insured occurring before default.

1924The stipulation required that the claim should be made in writing, but a telegram which in itself or taken with other telegrams contained an adequate statement must be deemed to satisfy this requirement." See, also, 10 C.J. p. 336, § 489; 4 R.C.L. p. 796, § 254; Bronstein v. Payne, 138 Md. 116 , 113 A. 648 , 650; Browning et al. v. Davis, 120 Misc.Rep. 520, 199 N.Y.S. 775 , 776; Hyatt Roller Bearing Co. v. Pennsylvania R.

1924The stipulation required that the claim should be made in writing, but a telegram which in itself or taken with other telegrams contained an adequate statement must be deemed to satisfy this requirement." See, also, 10 C.J. p. 336, § 489; 4 R.C.L. p. 796, § 254; Bronstein v. Payne, 138 Md. 116 , 113 A. 648 , 650; Browning et al. v. Davis, 120 Misc.Rep. 520, 199 N.Y.S. 775 , 776; Hyatt Roller Bearing Co. v. Pennsylvania R.

1917Co., 81 Hun, 28 , 30 N. Y.

1917Co., 81 Hun, 28 , 30 N. Y.