The general demurrers of the defendants were also overruled and upon final hearing, after a motion for an instructed verdict for the defendants had been overruled, judgment was rendered for the plaintiff against both defendants, jointly and severally. This judgment was reversed and dismissed in part and in part reversed and remanded by the Court of Civil Appeals, 117 S.W.2d 503, and plaintiff has brought error to the Supreme Court. The case was referred to the Commission of Appeals, Section A, for their opinion thereon and the Supreme Court adopted same and ordered judgment entered in accordance therewith.
Since relator's cause of action has not accrued, her suit was prematurely instituted and respondent properly sustained defendant's plea in abatement. Weatherly v. Pena, 335 S.W.2d 434 (Tex.Civ.App. San Antonio 1960, writ ref'd n. r. e.); Marine Production Co. v. Shell Oil Co., 146 S.W.2d 1024 (Tex.Civ.App. Austin 1941, no writ); Checker Cab Baggage Co. v. Crone, 117 S.W.2d 503 (Tex.Civ.App. Galveston 1938, aff'd 134 Tex. 412, 135 S.W.2d 696); Townley v. House, 71 S.W.2d 883 (Tex.Civ.App. Dallas 1934, writ dism'd). Writ of mandamus denied.