Legal Opinion
Zarsky v. Moss
Court of Appeals of Texas
Decided February 20, 1946No. 11590PublishedCited by 10 opinions
1Opinion of the Court
NORVELL, Justice.
This is an appeal from an order of dismissal entered after the sustaining of a plea in abatement.
The basis of the plea was that there were two other suits pending which involved the same claim. The plea showed upon its face that one of these suits had been determined by a final judgment prior to the time of the filing of the plea. Upon the hearing it was agreed that the second suit had likewise resulted in a final judgment.
An action which has been prosecuted to final judgment is no longer “pending” within the meaning attributed to that term as used in the rule relating to an…
2Cases cited7 opinions
- Tevis v. ArmstrongTexas Supreme Court · 1888
- Wood v. Gulf Production Co.Court of Appeals of Texas · 1936
- Alford v. ColeCourt of Appeals of Texas · 1933
- Cook v. SmithCourt of Appeals of Texas · 1936
- Pucek v. KoppaCourt of Appeals of Texas · 1930
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hartmann v. Time, Inc.Court of Appeals for the Third Circuit · 1948
- Kelley v. Bluff Creek Oil CompanyTexas Supreme Court · 1958
- Texas Employers Insurance Ass'n v. BaezaCourt of Appeals of Texas · 1979
- Chem-Gas Engineers, Inc. v. Texas Asphalt & Refining Co.Court of Appeals of Texas · 1965
- Murray v. United States Fidelity and Guaranty Co.Court of Appeals of Texas · 1970
5 more not listed; retrieve them via the Exa API.