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MILLER v. BURKE

No. 4441.

401 S.W.2d 852 (1966)

O. E. MILLER, Appellant, v. John L. BURKE, Appellee.

Court of Civil Appeals of Texas, Waco.

March 10, 1966.

Attorney(s) appearing for the Case

Painter & Painter, James R. Roos, Houston, for appellant.

Joe W. Steelman, Houston, for appellee.

TIREY, Justice.

This is an appeal by defendant, Miller, from an order of the District Court of Harris County (non jury) overruling his plea of privilege to be sued in Cherokee County, the county of his residence.

The judgment is assailed on two points. They are to the effect that the Court erred:

(1) In overruling appellant's plea of privilege because appellee failed to introduce any evidence concerning location and thereby failed to prove by a preponderance...

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