Kelly v. Lobit

1 Citing case

  1. Lopp v. Perry

    164 S.W.2d 259 (Tex. Civ. App. 1942)   Cited 2 times

    The motion for leave to file the writ of prohibition will be refused. Much that is said in the opinion of the Galveston Court of Civil Appeals, in Kelly v. Lobit, 136 S.W.2d 642, is applicable to the situation now before us. Striking similarities are to be observed in the respective situations. Stated briefly, Lopp first filed a suit for debt against Gulf Oil Corporation in Tarrant County. Gulf Oil Corporation filed a cross-action and an interpleader action in that suit. Upon pleas of privilege of some of the interpleaded defendants, the cross-action and interpleader action were ordered transferred to the District Court of Marion County. Lopp filed in the Tarrant County case a motion to strike the interpleader suit. It seems to us that the transfer of the interpleader action to Marion County upon the pleas of privilege served to accomplish the very thing sought by Lopp's motion to strike the interpleader action.