Martin v. McKean

Plaintiff in error, W. R. Martin, a resident of Franklin county, filed suit in the district court of said county against defendants in error, McKean & McNeal, residents of Caldwell county, on breach of contract. Defendants in error filed their plea of privilege to be sued in the county of their residence, and controverting affidavit thereto having been filed, .the court, on 'September 3, 1921, heard and overruled the plea of priv*242ilege. Defendants in error excepted, and gave notice of appeal. On September 9, 1921, the case w'as called for trial on its merits, and defendants in error failed to…