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McDONALD v. FINLEY

No. 3685.

328 S.W.2d 919 (1959)

George J. McDONALD, Appellant, v. David M. FINLEY, Jr., et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied November 19, 1959.

Attorney(s) appearing for the Case

Red, Kemp & Fahey, Houston, for appellant.

Strasburger, Price, Kelton, Miller & Martin, Dallas, for appellee.

WILSON, Justice.

This is an appeal by defendant from an order sustaining his own plea of privilege. Plaintiff filed suit in Henderson County against defendant, a resident of Smith County, for damages resulting from an automobile collision occurring "near Spring, Texas" in a county not named in the petition. Defendant's plea of privilege in prescribed form alleged his residence in Smith County. He pleaded the accident occurred in Montgomery County and that since plaintiff...

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