Motor Securities Corp. v. Fulbright

WALKER, Chief Justice.

This appeal is from an order overruling appellant’s plea of privilege to be sued in precinct No. 1 of Harris county. The plea of privilege in all respects complied with the provisions of the statute. The court’s judgment overruling the plea of privilege was erroneous in the following respects: (a) The controverting affidavit was insufficient in that it failed to make the petition a part of the affidavit, and, tested by its own allegations, it failed to allege any cause of action against appellant, Henderson Grain Company v. Russ, 122 Tex. 620, 64 S.W.(2d) 347 (b), and it…