Stone v. Messer

This appeal is from a judgment of the district court of Bell county, overruling appellants Stone and Dugger’s plea of privilege to be1 sued in the county of their residence. The undisputed proof shows that these appellants resided in McLennan county at the time this suit; was instituted and at the time of the trial. They filed their plea of privilege in form required by the statute. Appellee controverted the plea of privilege, alleging that the instrument sued on was payable in Bell county. Appellee’s .petition herein had so alleged. Upon the trial of this issue the instrument sued upon was…