Sparks v. Sparks

This case, an action to enforce the payment of promissory notes, comes here from Houston Superior Court on appeal from the grant of a summary judgment for the plaintiff following the refusal of the trial judge to sustain a motion to dismiss based on the premise that the plaintiff commenced the action in Houston Superior Court while the same action against the same defendant, which the defendant had answered, was pending in Jones Superior Court. After commencing this action the plaintiff dismissed the action in Jones Superior Court and paid the costs. The foregoing facts are undisputed. Held:

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