Barrett v. Cheatham

TIREY, Justice.

This is an appeal from an interlocutory order of the District Court of Brazos County overruling appellant’s plea of privilege to be sued in Madison County, the county of his residence. The judgment is assailed substantially on eight points. Owing to the fact that we believe that appellant waived his plea of privilege, each of the eight points assailing the judgment pass out of the case for reasons hereinafter briefly noted.

James O. Cheatham, of Bryan, filed his original petition in the District Court of Brazos County on January 25, 1955. In this petition he made parties…