TALBERT v. MILES

No. 5099.

477 S.W.2d 710 (1972)

Mollie TALBERT et al., Appellants, v. Iola MILES, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied March 23, 1972.


Attorney(s) appearing for the Case

Jones, Francis & Youts, Frank Fitzpatrick, Waco, for appellants.

Lorance & Thompson (Larry D. Thompson), Houston, for appellee.


HALL, Justice.

In this personal injury action which resulted from an automobile collision, the plaintiffs appeal from an order sustaining the defendant's plea of privilege.

In their controverting plea the plaintiffs pleaded the provisions of subdivision 9a of Article 1995, Vernon's Annotated Texas Civil Statutes, for maintaining venue in the county of suit. However, at the plea of privilege hearing, no proof was made in support of the controverting plea.<...

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