Conlee v. Burton

On the Acts of the Legislature and the decisions of our Supreme Cou’rt I am content to repose my judgment.

This appeal is primarily from an order of the District Court of Rockwall County, Texas, overruling defendant’s plea of privilege. The appeal from the judgment on the merits is merely incidental to avoid its finality pending the appeal on the venue question and to prevent the plea of privilege from becoming moot or waived.

It is a recognized rule in this State that it is within the discretion of the trial court to hear evidence upon a plea of privilege in a separate hearing, or to hear it…