Wedgworth v. City of Fort Worth

McDONALD, Chief Justice.

This suit was filed by appellant. Relief was sought on several counts, the nature of which will appear from our discussion of the exceptions addressed by defendant to plaintiff’s petition.

Appellee filed what it termed a plea in abatement, and three special exceptions. The judgment recites that the plea in abatement and the special exceptions were heard, that all were sustained, that plain-' tiff declined to amend, and that the suit was dismissed.

The so-called plea in abatement is in substance a plea of res adjudicata. The contention made in it is that the same matters…