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REPUBLIC ACCEPTANCE CORPORATION v. NICHOLS

No. 4217.

377 S.W.2d 775 (1964)

REPUBLIC ACCEPTANCE CORPORATION, Appellant, v. Billy W. NICHOLS, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied April 16, 1964.

Attorney(s) appearing for the Case

Leonard L. Franklin, Austin, for appellant.

A. R. Archer, Jr., Monahans, for appellee.

WILSON, Justice.

The trial court sustained appellee's plea of privilege in appellant's suit against him on a promissory note. The plea of privilege contained a plea of non est factum verified as required by Rules 86 and 93(h), Texas Rules of Civil Procedure. Appellant's unverified controverting plea asserted venue in the county of suit under Subd. 5, Art. 1995, Vernon's Ann.Tex.St., and alleged defendant had made two payments on the note in that county.

Appellant...

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