Joseph v. Elliott

On Appellant’s and Appellees’ Motions for Rehearing.

HUGHES, Justice.

All parties complain of our action in refusing to decide the issues presented on their merits.

In addition, appellant suggests that our judgment of dismissal will permit him to pay nothing and plead the statute of limitations when later sued. To forestall this possibility we ■ have concluded to modify our judgment by abating the suit until final disposition of the condemnation suit or until the parties by agreement dispose of this controversy.

Appellees assert that we are without authority to abate the suit because neither…