Weatherly v. Pena

BARROW, Justice.

By order of this Court, the above causes have been consolidated for hearing and disposition.

The appeal in Cause No. 13587, being Cause No. 586 in the District Court of Zapata County, is by Gerald Weatherly from a judgment sustaining the plea in abatement of the defendant, Alberto Pena, Jr., and dismissing the cause.

The appeal in Cause No. 13602, being Cause No. 3157 in the District Court of Starr County, is from a final judgment that plaintiff, Consuelo Madrigal Pena, take nothing as against the defendant, Alberto Pena, Jr.

The facts pertaining to both cases are as follows:

On…