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BURKE v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.

No. 13749.

346 S.W.2d 663 (1961)

E. J. BURKE, Sr., Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellee.

Court of Civil Appeals of Texas, San Antonio.

May 10, 1961.

Attorney(s) appearing for the Case

Oliver & Oliver, San Antonio, Elmore H. Borchers, Laredo, for appellant.

Lang, Byrd, Cross, Ladon & Oppenheimer, San Antonio, for appellee.

MURRAY, Chief Justice.

This is a plea of privilege case. Appellee, Merrill Lynch, Pierce, Fenner & Smith, Inc., filed suit on an open account in the District Court of Bexar County against appellant, E. J. Burke, Sr., who filed his plea of privilege to be sued in Webb County, the alleged county of his residence. Appellee controverted the plea of privilege, contending that appellant was a resident of Bexar County. After hearing the evidence, the trial court held...

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