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GILMER v. GRIFFIN

No. 12407.

265 S.W.2d 250 (1952)

GILMER v. GRIFFIN et al.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied June 4, 1952.

Attorney(s) appearing for the Case

Morriss, Morriss, Boatwright & Lewis, San Antonio, Carlos C. Ashley, Llano, for appellant.

Reynolds N. Cate, House, Mercer & House, San Antonio, Gordon L. Hollon, Boerne, for appellees.

POPE, Justice.

This is a plea of privilege suit wherein the court overruled appellant's plea to be sued in Edwards County, which is his residence. It presents the question, whether former Article 2007, Vernon's Ann.Civ. Stats., as amended by the Acts of 1939, 46th Leg. p. 204, has been superseded by Rule 86, Texas Rules of Civil Procedure, and if so whether the plaintiffs proved a trespass within the meaning of art. 1995, § 9, Vernon's Ann.Civ. Stats.

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