Taylor v. Whitehead

DUNKLIN, Chief Justice.

R. M. Whitehead instituted this suit in the county court of Hood county against W. D. Taylor to recover double the amount of usurious interest alleged to have been collected from him by defendant. It was alleged that plaintiff resides in Hood county and the defendant resides in Parker county.

Defendant pleaded his statutory privilege to be sued in Parker county, where he resides. That plea being in statutory form, the burden was upon plaintiff to overcome it by filing a controverting plea, under oath, setting out specifically the fact or facts relied upon to confer venue…