Crim v. Hunter

(after stating the.case as above).

It is asserted that because the controverting affidavits were not filed within five days after the appearance day of the April term, the court was without power to dismiss as to Foster and could do nothing except to enter an order changing the venue.

This contention is without merit for the mere failure to file the controverting affidavit within the five days’ period did not imperatively operate to require transfer of the venue. Until a plea of privilege is acted upon, the court retains jurisdiction and for good cause shown may permit the filing of a…