Legal Opinion

Watkins v. McCluskey

Court of Appeals of Texas

Decided November 18, 1955No. 3195PublishedCited by 1 opinion

1Opinion of the Court

GRISSOM, Chief Justice.

Ruby McQuskey sued Jerry Watkins in Howard County on a note executed by Watkins. Watkins resided in Taylor County and filed a plea of privilege to be sued there. Watkins’ plea was overruled and he has appealed.

The note sued on is as follows:

*383

Plaintiff claimed the right to maintain suit in Howard County under the 5th exception to the general rule, stated in Art. 1995, Vernon’s Ann.Civ.St. art. 1995, that suit must be brought in the county where the defendants reside. Exception 5 provides that if a person has contracted in writing to perform an obligation in a particular…

2Cases cited3 opinions

  1. National Life Co. v. RiceTexas Supreme Court · 1943
  2. Nichols v. Benjamin Franklin Bond & Indemnity Corp.Court of Appeals of Texas · 1935
  3. Colorado County v. J. M. English Truck Line, Inc.Court of Appeals of Texas · 1947

3Cited by1 opinion

  1. Watkins v. McCluskeyCourt of Appeals of Texas · 1955

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