Willis v. First Nat. Bank of Burkburnett

On Motions for Rehearing.

HALL, C. J.

The first contention in appellant Willis’ motion is because there is some evidence in the record showing that another suit is pending in a different court between Willis and the Careys to determine their respective rights and liabilities for the debts of the Carey Bros. Oil Company; that the matter should not have been determined in this ease. If there is any such suit, Willis failed to plead that fact in abatement of E. S. Carey’s cross-action against him herein, and has thereby waived it as a defense. York’s Admr v. Gregg’s Adm’r, 9 Tex. 85; General…