Van Pelt v. McCabe

POPE, Justice.

This is an appeal from an order overruling appellants’ plea of privilege to be sued in Kerr County, but it concerns the application of Rule 419, Texas Rules of Civil Procedure.

Appellants complain by proper points, (1) that the trial court erred because the plaintiffs’ controverting affidavit did not refer to nor incorporate the plaintiffs’ petition, nor did it allege facts sufficient to assert a cause of action based on a written contract, (2) that this failure to refer to or incorporate the petition resulted in a controverting plea which failed even to designate the plaintiffs…