Bowen v. First State Bank of Fate

WILLSON, O. X

(after stating the case as above).

While confusion has existed in the decisions of courts in this state as to the rule applicable in determining questions like the one here presented, it seems to be now settled, Benson v. Fulmore (Tex. Com. App.) 269 S. W. 71; City Nat. Bank v. Sales Co. [Tex. Civ. App.] 297 S. W. 563; Davisson v. Eastland County [Tex. Civ. App.] 6 S.W.(2d) 782; Long v. Long [Tex. Civ. App.] 269 S. W. 207, in harmony with the holdings in other jurisdictions, 1 C. J. 45, that “the pendency of a prior action or suit for the same cause, between the same parties, in a…