Howeth Bros. v. Clark

Opinion by

Sbieins, J.

§ 31 á. Continuance does not operate as a waiver of a plea in abatement, when. Howeth Bros, sued Clark on balance of account in precinct 3, justice court, Cooke county. Defendant filed a plea in abatement, setting up his residence in precinct 1, and no other defense. The justice sustained the plea, and dismissed the suit, and plaintiffs appealed. In the county court defendant amended his plea in abatement, but on motion the court dismissed the case on the ground that no final judgment had been entered in the justice court. Plaintiffs appealed to this court, and the…