Northwest Engineering Co. v. Chadwick Machinery Co.

(after stating the case as above).

The pendency of a prior suit in a federal court sitting in this state will not abate a subsequent suit in a court of this state, though the two suits are between the same parties and involve the same, subject-matter. This is the rule in most jurisdictions. 1 C.J. p. 87, § 122; 1 R.C.L. p. 18, § 7. And it is well settled in this state. 1 Tex.Jur. Abatement and Revival, § 82; Bergholm v. Peoria Life Ins. Co. (Tex.Civ.App.) 63 S.W.(2d) 1064; International & G. N. R. Co. v. Barton, 24 Tex.Civ.App. 122, 57 S.W. 292 (writ refused); Pecos & N. T. R. Co. v. Porter…