AMERICAN MAYFLOWER MOVING & S. SERV. v. MALMBERG

No. 8405.

500 S.W.2d 938 (1973)

AMERICAN MAYFLOWER MOVING & STORAGE SERVICES, Appellant, v. C. B. MALMBERG et ux., Appellees.

Court of Civil Appeals of Texas, Amarillo.

October 15, 1973.


Attorney(s) appearing for the Case

Johnson, Guthrie & Billings, Russell M. Manning, Jr., Dallas, for appellant.

Blanchard, Clifford, Sims & Kidd, John C. Sims, Lubbock, for appellees.


REYNOLDS, Justice.

An order overruling a plea of privilege is challenged on grounds that the proof admissible under the pleadings is insufficient to sustain venue in the county of suit. The challenge is sustained; however, the anomalous result is a remand for full development instead of rendition of judgment sustaining the plea which, had the trial judge entered under this record, would have been affirmed. Reversed and remanded.

C. B. Malmberg and his wife...

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