Gulf Pipe Line Co. v. Smith

WILLSON, C. j.

(after stating the case as above).

It appearing from testimony of appellee Frank Chapman as a witness in his own and his coappellee’s behalf that one N. M. Dawson owned an interest in about 100 head of the hogs on account of which appellees sued, appellant filed a “plea in abatement,” in which it alleged that it did not know of such interest in said Dawson until said Chapman so testified, and in which it prayed that appel-lees’ suit be dismissed.

As supporting its contention that the trial court erred when he overruled the plea and *813proceeded with the trial of the case, appellant…