Wilson v. Wilson

THOMAS, Justice.

The appeal is from the overruling of respondents’ demurrer, and from the decree of the circuit court holding insufficient certain of respondents’ pleas, presented here on petition for mandamus.

The demurrants insist that the bill as framed showed the venue of the action was in other counties and not in Etowah. Our venue statute, Code 1940, Tit. 7, § 294, among other things, provides :

“The bill must be filed in the county in which the defendant, or a material defendant, resides; * * * or if real estate be the subject-matter of the suit, whether it be the exclusive subject-matter…