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SMITH v. GARRISON

No. 10503.

303 S.W.2d 506 (1957)

Bobby SMITH, Appellant, v. Homer GARRISON, Jr., Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied June 12, 1957.

Attorney(s) appearing for the Case

Maynard F. Robinson, of San Antonio, for appellant.

Will Wilson, Atty. Gen., of Texas, J. L. Smith, Asst. Atty. Gen., for appellee.

ARCHER, Chief Justice.

This is an appeal from and is based on one assignment of error:

"The court below erred in sustaining Appellee's Plea to the Jurisdiction and in Abatement for the reason that the action was brought under the Uniform Declaratory Judgments Act, Art. 2524, V.C.A., and by reason whereof the action is sui generis in nature and neither legal nor equitable in nature, and the availability or pendency of other relief is not a bar to the relief...

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