Hamilton Investment Trust v. Hi Fashion Wigs Profit Sharing Trust

AKIN, Justice.

This is a venue appeal by Hamilton Investment Trust from an order overruling its plea of privilege. Plaintiffs sued in Dallas County to recover for alleged usurious interest charges with respect to a financing agreement with the defendant. Neither party is a resident of Texas. Defendant asserts venue in Lubbock County under Tex.Rev.Civ.Stat.Ann. art. 5069-1.06(3) (Vernon 1971), which establishes venue in a usury action. Article 5069-1.06(3) provides:(3) All such actions brought under this Article shall be brought in any court of this State having jurisdiction thereof within four…