Humphrey v. Mirike

HALL, Justice.

This is an appeal from an order of the County Court of Gregg County overruling a plea of privilege filed on behalf of appellant, Humphrey. At the outset we are met with a motion by appellee to dismiss this case for the reason that since the 'appeal was taken this case has been tried on its merits and a default judgment rendered on behalf of appellee against appellant for the amount sued for; ■ that no appeal was taken and said judgment has now become, final, rendering, this appeal moot. A sufficient answer to this motion is: That the case on its merits is now pending in this…