Ayers v. Alamo Lumber Co.

SMITH, Chief Justice.

This action was brought by K. B. Ayers against Alamo Lumber Company and C. C. Caperton to recover damages of them, jointly, for breach of contract. The suit was brought in the District Court of Dim-mit County, and upon sustaining the Lumber Company’s plea in abatement of the action, on the ground of the pendency of a like suit in a county court at law of Bexar County, the trial court dismissed this action from the Dimmit docket.

Ayers filed his petition in error in the trial court against both defendants, the Lumber Company and Caperton, and likewise filed bond in error,…