City of San Antonio v. Kinder

POPE, Justice.

City cancelled twenty-three building permits it previously issued to plaintiffs, doing business as Gilbert E. Kinder Company, and the trial court commanded their re-issuance and validation. City has abandoned all its defenses except that it claims that the trial court erred in overruling its plea in abatement. City stipulated that all the allegations of fact in plaintiffs’ petition were true.

City’s plea in abatement was an unsworn plea that plaintiffs did not sue the City’s agent, the Director of Housing, who *480actually 'cancelled the permits. Defects of parties, plaintiff or…