McTaggart v. Texas Bitulithic Co.

SLATTON, Justice.

Texas Bitulithic Company sued Mrs. E. H. McTaggart and husband, E. H. McTaggart, in the District Court of Tarrant County, on October 2, 1934. The McTaggarts asserted their privilege to be sued in Menard County, which was granted.

The cause of action, as shown by the Company’s trial pleading, was upon paving certificates issued by the City Council of Menard to West Texas Construction Company, for the pro rata part of the cost of paving a portion of San Saba Street in said City, against property of “J- O. Russell Estate, Sara J. Russell (widow) and all unknown heirs of the…