Davis v. Battles

Mr. .Chief Justice Alexander

delivered the opinion of the Court.

Rule 86 prescribes the form of a plea of privilege to be filed in order to raise the question of the right of the defendant to be sued in the county of his residence and the form of the contest to be filed by the plaintiff, and further provides that “such plea of privilege when filed shall be prima facie proof of the defendant’s right to change of venue.”

Rule 169 provides that at any time after the defendant has made appearance in the case, or time therefor has elapsed, a party may, by request in writing, require the other to…