Bowman v. Muncy

PITTS, Chief Justice.

This is a venue suit in which appellant, J. E. Bowman, sued appellee, D. J. Muncy, to establish the amount of a debt he owed appellee, for injunctive relief, and to obtain the release of a lien on land. The nature of the suit determines the venue ques tion and the parties here disagree as to the nature of the suit. Appellant contends that it is primarily an action in personam and the matter of obtaining a release of the lien is only incidental to the primary issues of the suit and venue is therefore fixed in Potter County where the defendant resides. Appellee contends…