Legal Opinion

Johnson v. Avery

Texas Supreme Court

Decided November 16, 1966No. A-11428PublishedCited by 31 opinions

1Opinion of the Court

SMITH, Justice.

This appeal presents for determination a question of conflict of jurisdiction between two district courts in Travis County over a controversy involving the same subject matter. The first suit was filed by the respondents in the 126th District Court of Travis County, Texas. Subsequent to the filing of the first suit the second suii involving the same subject matter was filed in the 53rd District Court. Respondents filed a plea in abatement in the second suit asserting the pendency of the first suit. In opposition to the plea in abatement petitioner alleged that respondents…

2Cases cited3 opinions

  1. V. D. Anderson Co. v. YoungTexas Supreme Court · 1937
  2. Wheeler v. WilliamsTexas Supreme Court · 1958
  3. Johnson v. AveryCourt of Appeals of Texas · 1966

3Cited by31 opinions

  1. Curtis v. GibbsTexas Supreme Court · 1974
  2. Faddoul, Glasheen & Valles, P.C. v. Oaxaca, Texas Court of Appeals, 8th District (El Paso)2001
  3. City of Arlington v. Texas Electric Service Co.Court of Appeals of Texas · 1976
  4. Henry v. McMichael, Texas Court of Appeals, 1st District (Houston)2008
  5. Browne v. Bear, Stearns & Co., Inc., Texas Court of Appeals, 5th District (Dallas)1989

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