Cockburn v. Noxon

MONTEITH, Chief Justice.

This is an appeal from a judgment sustaining a plea in abatement and dismissinga suit brought by appellant, H. C. Cock-burn, against appellee, E. G. Noxon, in the 61st District Court of Harris County. The plea was dismissed for the reason that there was at that time a suit pending in a court of co-ordinate jurisdiction between the same parties and involving the same subject matter.

The record shows that on December 30, 1938, appellee filed suit in the 80th District Court of Harris County against appellant H. C. Cockburn and the Cockburn Oil Corporation, alleging that…