American Fruit Growers, Inc. v. Sutherland

In this county court case appellants each seasonably filed his plea of privilege to be sued in the county of his domicile. Each plea contained every requisite prescribed by the statute to render it "sufficient" in law as a plea of privilege. Article 2007, R.S. 1925.

To these pleas appellee interposed general and special demurrers, as well as a controverting affidavit. The trial court considered only the general demurrer, which it sustained, and thereupon, without further ado, denied appellants' asserted privilege.

The proceeding was clearly erroneous.

It is provided by statute that a plea of…