McDougald v. First Nat. Bank of Beaumont

R. L. MURRAY, Justice.

This is an appeal from a judgment in the district court of Jefferson County, sustaining a plea in abatement and dismissing a suit brought by the appellant, J. R. Mc-Dougald, trustee, against the appellee, The First National Bank of Beaumont. The plea in abatement of the bank was verified and specifically says “that plaintiff is not entitled to recover in the capacity in which he sues.” No evidence was introduced by either party on the hearing of said plea in abatement. We note that in the briefs of both parties it is stated unequivocally that no evidence was introduced…