Biggers v. Evans

BLAIR, J-

This appeal is from an order sustaining the plea of privilege of ■ appellee to be sued in justice precinct No. 4, Lee county, Tex., the place of his residence. Appellant controverted the plea and sought to maintain venue under provision of that portion of subdivision 4 of article 2390, R S. 1925, which réads as follows:

“That in all suits to recover for labor actually performed, suit may be brought and maintained where such labor is performed, whether the contract for same be oral or in writing.”

In his filed statement of his cause of action and in his controverting answer to the plea…