On Motion for Rehearing.
[3] Upon a former day of the present term, we reversed and remanded this case for the error of the trial court in striking out appellants’ plea of privilege. The briefs .of the parties did not call our attention to the fact that appellants filed a cross-action against appellee Galloway, asking judgment against him for $49.40, by reason of matters growing out of the contract sued on. Ap-*348pellees have called our attention to this fact on motion for rehearing.
The filing of said cross-action and a trial thereon on its merits was equivalent to the institution and trial of a new suit brought by appellants against appellee Galloway, and by such action appellants invoked the jurisdiction of the trial court. Thorndale Mercantile Co. v. Evans & Lee, 146 S. W. 1053; Kolp v. Shrader, 131 S. W. 860.
The motion for rehearing is granted, and the judgment of the trial court is affirmed.
Affirmed.