Court of Civil Appeals of Texas, 1923

Saner-Ragley Lumber Co. v. Spivey

Saner-Ragley Lumber Co. v. Spivey
Court of Civil Appeals of Texas · Decided July 14, 1923 · Hightower
255 S.W. 205; 1923 Tex. App. LEXIS 573 (South Western Reporter)

Saner-Ragley Lumber Co. v. Spivey

Opinion of the Court

HIGHTOWER, C. J.

This was a suit in equity, filed by the appellants, as the plaintiffs, against J. C. Spivey and others, as the defendants, in the district court of Polk county to have reviewed, canceled, and annulled a judgment, which had been rendered by that court in favor of the defendants and against the plaintiffs for $75,000.

Defendants in -due time interposed a plea in abatement, which the court sustained, and plaintiffs prosecuted this appeal.

The judgment attacked by the present suit was, by order of this court on June 21, 1923, reversed, and the cause remanded to the district court of Polk county. 255 S. W. 193. There is, therefore, nothing further that could be accomplished by judgment of this court sustaining or reversing the judgment in this cause. It is ordered that the appeal be dismissed at appellants’ cost.

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