McGinnis v. McGinnis

267 S.W.2d 432 (1954)

McGINNIS et al.

v.

McGINNIS.

No. 12664.

Court of Civil Appeals of Texas, San Antonio.

March 31, 1954.

Rehearing Denied April 28, 1954.

Claud J. Carter and Arnold & Cozby, San Antonio, for appellants.

Russell B. Wine and John M. Bayne, San Antonio, for appellee.

POPE, Justice.

The sole point in this case is one of parties. The trial court sustained an unsworn plea in abatement to appellant's right to bring suit and dismissed the case without hearing evidence. The case originated as a lunacy proceeding wherein the county court appointed a guardian for the estate and person of Janie…