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SCHWARTZ CO., INC. v. PAULSEL LMBR. CO.

No. 17959.

564 S.W.2d 456 (1978)

The SCHWARTZ CO., INC., Appellant, v. PAULSEL LUMBER CO., Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied April 27, 1978.

Attorney(s) appearing for the Case

Greenberg & Bach and Robert M. Greenberg, Dallas, for appellant.

Christopher, Bailey & Taylor and M. Ward Bailey, Fort Worth, for appellee.

OPINION

SPURLOCK, Justice.

This is a venue case. By its original petition in the nature of a sworn account, Paulsel Lumber Company sued The Schwartz Company. The defendant filed an instrument denominated "Defendant's Original Answer". A close examination of this pleading indicates that the document also includes a plea of privilege. Plaintiff did not file a controverting affidavit within the ten days required by Rule 861 (1967...

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