Lindsey v. Chanslor

OPINION

McDONALD, Chief Justice.

This is an appeal from an order granting appellee Chanslor’s motion for late filing of controverting affidavit, and overruling appellant Lindsey’s plea of privilege.

Appellee sued appellant for alleged breach of a purported contract, and in the alternative, for damages for alleged false representations.

Lindsey on August 22, 1975, filed his plea of privilege to be sued in Bowie County, the county of his residence. On September 11, 1975, Chanslor filed a motion requesting late filing of controverting affidavit, and on the same date tendered controverting affidavit.

N…