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HARPER v. FMC CORP. NIAGARA CHEMICAL DIVISION

No. 4526.

407 S.W.2d 854 (1966)

James HARPER et al., Appellants, v. FMC CORPORATION, NIAGARA CHEMICAL DIVISION, Appellee.

Court of Civil Appeals of Texas, Waco.

September 29, 1966.

Attorney(s) appearing for the Case

Dawson, Dawson & Price, R. Matt Dawson, Corsicana, Billy Colvin, Ennis, Milton Hartsfield, Waxahachie, for appellants.

V. H. McClintock, Tommy P. Herring and J. Robert Sheehy, Waco, for appellee.

OPINION

WILSON, Justice.

In this plea of privilege appeal we hold that plaintiff failed to prove the essential venue fact under Subd. 4, Art. 1995, Vernon's Ann.Civ.St., that it had a cause of action against the resident defendant.

The suit was on a sworn account, as authorized by Rule 185, Texas Rules of Civil Procedure, against an alleged partnership and its partners, two of whom are nonresident appellants. The only evidence to show a cause of...

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