Caprito v. Weaver

LESLIE, Justice.

The opinion of this court on a former appeal of this case is to be found in 63 S.W.(2d) 1043, 1044. The facts and circumstances involved are substantially the same, and will not be repeated.

This appeal is from the judgment of the trial court overruling Caprito’s plea of privilege to be sued in Stephens county, the county of his residence. A controverting affidavit was duly filed, and trial was had before the court and jury. At the conclusion of the testimony, the court submitted the following issue: “Do you find from a preponderance of the evidence that the residence of the…