HEBERT v. SHRAKE

No. 16022.

492 S.W.2d 605 (1973)

Pharis HEBERT (Smith), Appellant, v. Henry L. SHRAKE, Jr., Appellee.

Court of Civil Appeals of Texas, Houston (1st District.).

On Rehearing March 1, 1973.


Attorney(s) appearing for the Case

Pharis Hebert (Smith) pro se.

Eugene Chambers, Houston, for appellee.


COLEMAN, Justice.

This appeal arises from a judgment dismissing the appellant's suit for want of prosecution. Appellant, as plaintiff below, sued appellee for cancellation of an instrument. The petition was filed on December 8, 1969 in the 80th District Court and appellee filed a plea in abatement on the ground of "misnomer." On November 12, 1970, the trial court sustained the plea and ordered appellant to "correct her pleadings herein by prosecuting her suit in her...

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