SOUTHWESTERN INVESTMENT CO. v. GIBSON

No. 16463.

372 S.W.2d 754 (1963)

SOUTHWESTERN INVESTMENT COMPANY et al., Appellants, v. W. V. GIBSON et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied December 6, 1963.


Attorney(s) appearing for the Case

Jones, Fillmore, Robinson & Lambert, and Harold Jones, Wichita Falls, for appellants.

Schenk & Wesbrooks, and Perry Wesbrooks, Wichita Falls, for appellees.


MASSEY, Chief Justice.

A question on appeal relates to the propriety of the action of the trial court in overruling a defendant's plea of res judicata on the matter of venue, in that appellant-defendant contended that there had been previous action, in and by courts of competent jurisdiction, the legal effect of which settled the matter of the situs for trial of the asserted cause of action against it.

We hold that the trial court erred and that the...

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