CITY OF SAN ANTONIO v. KINDER

No. 13570.

333 S.W.2d 479 (1960)

CITY OF SAN ANTONIO, Appellant, v. Gilbert E. KINDER et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied March 30, 1960.


Attorney(s) appearing for the Case

Carlos C. Cadena, City Atty., Fred M. Sullivan, Asst. City Atty., San Antonio, for appellant.

Norman S. Davis, Harvey L. Hardy, San Antonio, for appellees.


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 reissuance 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...

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