Stephens County v. H. C. Burt & Co.

The plaintiff, Stephens county, sued the defendant, H. C. Burt (whose trade-name is H. O. Burt & Co.), in Stephens •epunty. The defendant filed his plea of privilege to be sued in Harris county, Texas. Trial was had before the court without a jury on the issues arising upon the plea of privilege, and judgment sustaining the plea was rendered. The plaintiff appeals.

Venue was sought under section 7, art. 1995, Rev. St. 1925, the general venue statute, as amended by Acts 1st Called Sess. 1927, c. 72, § 1, providing for venue of suits originating in fraud. The suit was grounded on fraud alleged…