Beyersdorff v. Spillar

NORVELL, Justice.

This is an appeal from an order dismissing appellant’s suit upon the sustaining of a plea in abatement.

Appellees have neither filed a brief nor submitted oral argument, consequently,, we accept as correct the statements in appellant’s brief as .to the. facts . and the record. Rule 419, Texas Rules of Civil Procedure. Headstream v. Mangum, Tex.Civ.App., 174 S.W.2d 496.

Appellant, Herman Beyersdorff, plaintiff below brought this suit for damages against B. A. Spillar, B. R. Bentley and Burton Benson, alleging that they had signed a bond which was made the basis of a writ of…