Cox v. Bishop

MARTIN, Justice.

Petitioners S. E. Cox and wife filed a penalty suit under article 5073, R. S., in Potter county, against the Metropolitan Building & Loan Association et al., charging the collection in said county by defendants of usurious interest from petitioners.

A plea' in abatement was filed by the defendants in this suit, and it was therein alleged, in substance and effect, that a suit had theretofore been filed by them against the same Cox and wife in Dallas county for a balance upon certain promissory notes and for foreclosure of a lien upon Potter county property. They alleged an…