Bowen v. Virginia Lee Candies, Inc.

(after stating the case as above).

The first point presented is that there was error in overruling the plea of privilege. In view of the proceedings shown in the record, the appellant, by failing to prosecute a timely appeal from the order overruling the plea of privilege, waived the right to have the same reviewed in this appeal from a judgment on the merits rendered at the subsequent term. Luse v. Cisco Grain Co. (Tex. Civ. App.) 241 S. W. 313; Euchey v. Adam Schaff, Inc. (Tex. Civ. App.) 7 S.W.(2d) 168.

The points further presented by the appellant, in effect, are that the contract was…