Wheeler v. Williams

The writer drew this case upon its submission and with the exception of the statement of facts, which has been omitted, the following was submitted as the proposed opinion for the Court. The majority of the Court did not see fit to agree so it is filed as a dissenting opinion.

Unquestionably, the filing of the pleas in abatement in the Travis County District Court case by the plaintiffs in the Bexar County District Court case was the right and proper thing to do, and required by our decisions. Russell v. Taylor, Texas Comm. App., 121 Texas 450, 49 S.W. 2d 733; Gage v. McCurdy, Texas Civ. App.,…