Capetillo v. Burress & Rogers

CODY, Justice.

This is an appeal by plaintiff from a judgment which sustained a plea in abatement to plaintiff’s action for damages for the wrongful and malicious sequestration by defendants of plaintiff’s truck in a former suit.

The plea in abatement was tried before the court, without a jury, upon the following evidence: (1) The record in the former suit; (2) written stipulations of counsel; and (3), of course, the court had before ■him the record in this case.

The record in the former case, so far as here material, showed the following: that the defendants herein, Burress and Rogers,…