Reed v. Reed

I disagree with the holding that, as a matter of law, the plea in abatement should have been overruled in this case. More important, however, I disagree with the basis on which the majority predicate their holding and their application of the rule in limitation cases to a plea in abatement based on the pendency of a prior suit involving the same parties and subject matter. In preparing and filing this dissent I cannot hope to improve upon the majority opinion of the Court of Civil Appeals; I can only enlarge on it.

Cases involving limitations of actions fall into a special category and involve…