Gabel v. Blackburn Operating Corporation

DENTON, Chief Justice.

This is a venue case. Blackburn Operating Corporation filed suit against Lois Ann Gabel and Robert T. Gabel on a sworn account for merchandise sold and delivered to the defendants. No answer was filed by Mrs. Gabel. Mr. Gabel filed a plea of privilege and a sworn denial. Plaintiff controverted Gabel’s plea of privilege and relied upon Subdivision 4 of Article 1995, Vernon’s Ann.Civ.St. The trial court overruled the plea of privilege and Robert Gabel has appealed.

Although Mrs. Gabel filed no answer she was subpoenaed by appellee and testified at the hearing. The debt was…