Spivey v. Stripling

COMBS, Justice.

This suit was filed in the district court of San Augustine county by appellant, R. L. Spivey, seeking to recover from appellee, R. N. Stripling, rentals on a store building leased by appellant to appellee. Appellee filed a plea in abatement on the ground of the pendency of another suit which had theretofore been tried and was then pending in this court on appeal which suit involved the same parties and the same subject-matter. Upon a hearing of the plea in abatement, the trial court entered a judgment sustaining it, and this appeal is from that judgment.

The case, the pendency…