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  5. 249 S.W.2d 658 (1952)
 

JOHNSON v. DANIEL LUMBER CO.

No. 4810.

249 S.W.2d 658 (1952)

JOHNSON et al. v. DANIEL LUMBER CO.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied May 7, 1952.

Attorney(s) appearing for the Case

James E. Faulkner, Cold Springs, Jeff Cochran, Cleveland, for appellant.

Mohrle, Oster & Kaufman, Dallas, Stanley M. Kaufman, Dallas, of counsel, for appellees.

R. L. MURRAY, Justice.

This is an appeal from a judgment of the Special Ninth District Court of Montgomery County, by which judgment the court sustained a plea in abatement and dismissed the suit of the appellants, who were the plaintiffs in the trial court. The case comes before us solely on the pleadings in the trial court.

On March 3, 1951, Mrs. A. H. Johnson, joined by her husband A. H. Johnson, filed suit against Daniel Lumber Company for damages for...

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