Post No. 581, American Legion, Department of Texas v. Department of Texas, American Legion

BOYD, Justice.

This is an appeal by Post No. 581, American Legion, Department of Texas, from a judgment sustaining a plea in abatement filed by appellee Department of Texas, American Legion.

Appellant sued appellee, alleging that its band was the winner of a contest held in connection with the State Convention of appellee in July, 1954, and that, according to the rules promulgated by appellee, the winning band was entitled to receive from appellee’s musical organizations fund the sum of $164 per man for its 40 band members, said amount to be applied on the expenses of the band members in…