American Insurance Association v. Smith

FANNING, Justice.

A venue case tried to the court without the aid of a jury. Lottie Smith sued American Insurance Association and Miles Smith in the District Court of Lamar County, Texas, seeking recovery of damages for false imprisonment. Defendants filed a plea of privilege to be sued in Dallas County, Texas, the county of their residence. Plaintiff controverted the plea and sought to maintain venue in Lamar County under Section 9 of Art. 1995, V.A.T.C.S. The trial court after hearing the evidence adduced overruled the plea of privilege and the defendants have appealed.

Appellants present two…