State Ex Rel. Teague v. Harrison

Terrell, C. J. —

In January, 1938, H. E. Boyd brought a common law action against S. E. Teague on certain promissory notes alleged to have been executed by the latter. A demurrer to the declaration was overruled and the defendant entered a plea of privilege, claiming the right to be sued in Franklin County where the notes were executed and where the cause of action accrued.

A demurrer and motion to strike the plea of privilege were interposed. The demurrer and the motion to strike were grounded on the charge that the plea of privilege was waived when the demurrer to the declaration was filed…