Kelley v. Barnhill

Petitioners filed a petition in the probate court to probate a will. Respondents attempted to abate the proceeding on the ground that the court had previously probated another will of a prior date by the same testatrix. The trial court overruled the plea in abatement, and respondents, without waiting for a trial on the merits, appealed to the district court from the ruling on such plea. The district court dismissed the appeal on the ground that an appeal would not lie from such a ruling. The Court of Civil Appeals reversed the judgment of the district court, and remanded the cause for trial…