American Mortgage Corp. v. Thames

HALL, Chief Justice.

May 16, 1932, appellee, Thames, sued the appellant in the county court of Hale county to cancel certain notes which he had executed to appellant, charging that the notes were usurious. During the pendency of that suit, the appellant corporation sued Thames in the justice court of Dallas county to recover upon the notes and foreclose a chattel mortgage covering an automobile which was given to secure the payment of the notes. The appellee filed his plea in the justice court at Dallas, seeking to abate that action upon the ground that the Hale county suit had been previously…