Hayes v. Bone

On Rehearing.

The petition discloses the following facts:

The suit in the justice court by Edna Winston against Bone was to recover less than $20. Bone filed plea of privilege in due form. Edna Winston filed a controverting affidavit seeking to sustain the venue as laid. The justice set the plea foy 'hearing. Upon the date set counsel for Bone appeared. The plea of privilege was overruled, and judgment upon the merits rendered against Bone- for $16 and costs. A copy of the controverting affidavit is attached to and made a part of the petition.

Appellee’s theory, as we understand it, is that the…