Bergholm v. Peoria Life Ins. Co. of Peoria

MARTIN,- Justice.

This is an original petition for mandamus to compel the Hon. Clark M. Mullican, judge of the Ninety-Ninth district court of Lubbock county, Tex., and the Peoria Life Insurance Company of Peoria, Ill., to proceed with the trial of a suit filed by relator against respondent Peoria Life Insurance Company in cause No. 5407 in the said district court.

When the above case was called for trial at the September term, 1933, respondent life insurance company filed its plea in abatement, alleging, in su-bstance and effect: That respondent had brought suit in federal court to cancel the…