V. D. Anderson Co. v. Young, No. 7131.

CourtSupreme Court of Texas
Writing for the CourtCritz
Citation101 S.W.2d 798
Decision Date11 February 1937
Docket NumberNo. 7131.
PartiesV. D. ANDERSON CO. et al. v. YOUNG, Judge, et al.

Page 798

101 S.W.2d 798
V. D. ANDERSON CO. et al.
v.
YOUNG, Judge, et al.
No. 7131.
Supreme Court of Texas.
February 11, 1937.

Original mandamus proceeding by the V. D. Anderson Company and others against the Honorable Towne Young, Judge of the Forty-Fourth District Court of Dallas County, and others to compel the judge to proceed to trial and final judgment in a certain cause pending in that court.

Order in favor of relators.

E. M. Reichman and George O. Wilson, both of Dallas, for relators.

Sanders & Scott and R. G. Windsor, all of Amarillo, for respondents.

CRITZ, Justice.


This is an original mandamus proceeding instituted directly in the Supreme Court by V. D. Anderson Company, a corporation, and Geo. O. Wilson and E. M. Reichman, its attorneys, against Honorable Towne Young, judge of the Forty-Fourth district court of Dallas county, Tex., to compel him to proceed to trial and final judgment in a certain cause pending in that court. Honorable W. R. Ewing, judge of the Thirty-First district court of Wheeler county, Tex., G. O. McCrohan, Wheeler Cotton Oil Company, a corporation, and Sanders & Scott, and R. G. Windsor, attorneys, are also made parties to this proceeding. The litigation in this court arises out of a conflict of jurisdiction between the two district courts above mentioned in a controversy involving the same subject-matter. The petition with attached exhibits is rather voluminous. We will only make such statement of the record as is necessary to decide the law questions here involved.

On or about August 27, 1934, Western Engineering Company, a corporation, entered into a contract with G. O. McCrohan by the terms of which it agreed to sell to McCrohan certain oil mill equipment and machinery for a total consideration of $2,890, payable $950 in cash and $1,940 in a deferred payment, to be evidenced by a note in the principal sum of that amount bearing 6 per cent. interest, and due on or before April 1, 1935. The contract provided that the equipment and machinery sold should remain the property of the seller until the note for the deferred payment should be paid. On October 25, 1934, McCrohan executed and delivered to Western Engineering Company a note in the principal sum of $1,940, payable in the city of Garland, in Dallas county, Tex. This note was given in consummation of the above contract and in conformity therewith. At the same time the note was given, McCrohan executed

Page 799

and delivered to Western Engineering Company a chattel mortgage on the oil mill machinery and equipment above described. One thousand dollars has been paid on the principal of this note.

After the giving of the above note and mortgage, and on February 13, 1936, Wheeler Cotton Oil Company, a corporation, which seems to have succeeded to the above property, and McCrohan filed suit in the district court of Wheeler county, Tex., against Western Engineering Company and V. D. Anderson Company, both corporations. In that suit the plaintiffs seek judgment canceling the above note and mortgage, and for damages. The basis of the Wheeler county suit is fraud alleged to have been committed by Western Engineering Company and its duly authorized agent who acted for it in selling the oil mill machinery and equipment and securing the original note above described. It is alleged that V. D. Anderson Company is claiming some interest in said note and mortgage given to secure the same, but that it is not an innocent purchaser thereof.

On February 21, 1936, V. D. Anderson Company, a corporation, filed suit in the Forty-Fourth district court of Dallas county, Tex., against G. O. McCrohan and Wheeler Cotton Oil Company. In the Dallas county suit V. D. Anderson Company seeks judgment for the balance of the principal due on the above-described note, together with interest and attorney's fees, and foreclosure of the above-described chattel mortgage. In the Dallas county suit V. D. Anderson Company alleges that it purchased the note from Western Engineering Company before maturity for a valuable consideration, and without any notice of any defects therein. In the Dallas county suit it is alleged that Wheeler Cotton Oil Company is claiming some interest in the mortgaged property. At this point we particularly call attention to the fact that the Wheeler county suit to cancel the note and mortgage involved in the above two suits, and for damages, was filed eight days before the filing of the Dallas county suit seeking judgment on the same note and foreclosure of the same mortgage.

After the filing of the Dallas county suit, G. O. McCrohan and Wheeler Cotton Oil Company, the plaintiffs in the Wheeler county suit, filed in the Dallas county district court and in the suit there pending their plea in abatement, wherein they make known to the Dallas county district court the pendency of the suit in the Wheeler county district court, and the fact that it was first filed. Also, in this plea in abatement it is made known to the Dallas county district court that the subject-matter and necessary parties in the two suits are substantially the same, and it is...

To continue reading

Request your trial
63 practice notes
  • Reed v. Reed, A-6442
    • United States
    • Supreme Court of Texas
    • January 8, 1958
    ...the issuance and service of process and to prosecute the suit to judgment. For example, in V. D. Anderson Co. v. Young, 128 Tex. 631, 101 S.W.2d 798, although we in effect sanctioned the overruling of an otherwise valid plea in abatement on the ground of estoppel arising from fraud in conne......
  • Finlan v. Peavy, 10-04-00095-CV.
    • United States
    • Court of Appeals of Texas
    • August 30, 2006
    ...to the exclusion of other courts. Curtis v. Gibbs, 511 S.W.2d 263, 267 (Tex.1974); V.D. Anderson Co. v. Young, 128 Tex. 631, 636, 101 S.W.2d 798, 800 (1937). Even though the cause is severed, the res controversa remains pending in the court of dominant jurisdiction, the parent suit. This wo......
  • Howell v. Mauzy, 3-93-084-CV
    • United States
    • Court of Appeals of Texas
    • September 14, 1994
    ...Plumbing Co., 760 S.W.2d 245, 248 (Tex.1988); Curtis v. Gibbs, 511 S.W.2d 263, 267 (Tex.1974); V.D. Anderson Co. v. Young, 128 Tex. 631, 101 S.W.2d 798, 800 (1937). Abatement of a lawsuit due to the pendency of a previous lawsuit is based on the principles of comity, convenience, and the ne......
  • Christensen v. Integrity Ins. Co., A14-85-337-CV
    • United States
    • Court of Appeals of Texas
    • April 3, 1986
    ...its jurisdiction and enable it to render complete and final justice between the parties. V.D. Anderson Co. v. Young, 128 Tex. 631, 101 S.W.2d 798 A trial court has broad discretion to enter a temporary injunction. An injunction should stand unless a clear abuse of discretion exists. Texas F......
  • Request a trial to view additional results
63 cases
  • Reed v. Reed, A-6442
    • United States
    • Supreme Court of Texas
    • January 8, 1958
    ...the issuance and service of process and to prosecute the suit to judgment. For example, in V. D. Anderson Co. v. Young, 128 Tex. 631, 101 S.W.2d 798, although we in effect sanctioned the overruling of an otherwise valid plea in abatement on the ground of estoppel arising from fraud in conne......
  • Finlan v. Peavy, 10-04-00095-CV.
    • United States
    • Court of Appeals of Texas
    • August 30, 2006
    ...to the exclusion of other courts. Curtis v. Gibbs, 511 S.W.2d 263, 267 (Tex.1974); V.D. Anderson Co. v. Young, 128 Tex. 631, 636, 101 S.W.2d 798, 800 (1937). Even though the cause is severed, the res controversa remains pending in the court of dominant jurisdiction, the parent suit. This wo......
  • Howell v. Mauzy, No. 3-93-084-CV
    • United States
    • Court of Appeals of Texas
    • September 14, 1994
    ...Plumbing Co., 760 S.W.2d 245, 248 (Tex.1988); Curtis v. Gibbs, 511 S.W.2d 263, 267 (Tex.1974); V.D. Anderson Co. v. Young, 128 Tex. 631, 101 S.W.2d 798, 800 (1937). Abatement of a lawsuit due to the pendency of a previous lawsuit is based on the principles of comity, convenience, and the ne......
  • Christensen v. Integrity Ins. Co., No. A14-85-337-CV
    • United States
    • Court of Appeals of Texas
    • April 3, 1986
    ...its jurisdiction and enable it to render complete and final justice between the parties. V.D. Anderson Co. v. Young, 128 Tex. 631, 101 S.W.2d 798 A trial court has broad discretion to enter a temporary injunction. An injunction should stand unless a clear abuse of discretion exists. Texas F......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT