Southwestern Investment Co. v. Gibson

MASSEY, Chief Justice.

A question on appeal relates to the propriety of the action of the trial court in overruling a defendant’s plea of res judi-cata on the matter of venue, in that appellant-defendant contended that there had been previous action, in and by courts of competent jurisdiction, the legal effect of which settled the matter of the situs for trial of the asserted cause of action against it.

We hold that the trial court erred and that the plea of res judicata should have been sustained as to the defendant in question.

Plaintiff’s cause of action was for damages on account of personal…