First Gibraltar Mortgage Corp. v. Gibraltar Savings Ass'n

ROWE, Justice.

This is a venue case. First Gibraltar Mortgage Corporation brought suit in Dallas County against Gibraltar Savings Association under Tex.Rev.Civ.Stat.Ann. art. 2524-1 (Vernon 1965), the Declaratory Judgment Act, seeking a declaration that “Plaintiff possesses an equal or superior right to Defendant to the use of the word ‘Gibraltar’ in its corporate name.” The trial court sustained Gibraltar Savings’ plea of privilege to be sued in Harris County, where its principal office is located. Although the controverting plea did not refer specifically to Tex.Rev.Civ.Stat.Ann. art. 1995 §…