Smith v. City of Dallas

WALTHALL, Justice.

We will designate the parties, respectively, plaintiffs and defendant, as in the trial court.

The court overruled defendant’s plea in abatement, of which it complains here.

*302The court sustained defendant’s general demurrer to plaintiffs’ original petition, of which they complain here.

Plaintiffs’ petition is paragraphed, and we will maintain that division and, as briefly as we can, state the material facts alleged in each of the paragraphs.

Plaintiffs, Russell E. Smith and wife, sue the city of Dallas and Dr. J. H. Stephenson, and allege:(1) Plaintiffs and Dr. Stephenson are…