Weaver v. O'Banion

WALKER, Chief Justice.

Por a full statement of the nature of this suit, see opinion on former appeal, O’Banion, Sheriff, v. Noble Weaver (Tex. Civ. App.) 62 S.W.(2d) 212. As directed, the county court of Shelby county transferred the case to the county court of Nacogdoches county, where, upon trial, a general demurrer was sustained against appellant’s petition.

Under the law of the case as announced under the former opinion, the sustaining of the general demurrer was error. Appellant alleged that the automobile was delivered to the plaintiff in the original cause of action *289and to the sheriff…