Cassidy-Southwestern Commission Co. v. Chupick Bros.

This appeal is front an order overruling appellant corporation’s sworn plea of privilege to be sued in Tarrant county, the county of its domicile. The venue was laid against it in Fayette county under allegations that it had both committed a fraud upon the plaintiffs in the suit and .a trespass upon their property at Ellinger, in Fayette' county; but there was no proof that Ellinger was located in Fayette county.

While that fact was averred by the plaintiffs in an affidavit they filed controverting the plea of privilege, they were also, in view of the amendment of 1917 (Laws 1917, c. 176…