Legal Opinion

Smith v. Burdett

Court of Appeals of Texas

Decided March 3, 1938No. 1979PublishedCited by 5 opinions

1Opinion of the Court

ALEXANDER, Justice.

R. L. Burdett sued Oran Smith, sheriff of Johnson county, in McLennan county for damages for alleged arrest and false imprisonment by Smith in McLennan county. The trial court overruled Smith’s plea of privilege to have the cause transferred to Johnson county, the county of his residence. This ruling is assigned as error.

Upon the hearing,on the plea of privilege, the proof showed that Smith caused Burdett to be arrested and imprisoned in McLennan county by the police of the city of Waco, and that later Smith went to the city of Waco and took Burdett into his possession and…

2Cases cited2 opinions

  1. Gold v. CampbellCourt of Appeals of Texas · 1909
  2. Boynton v. TidwellTexas Supreme Court · 1857

3Cited by5 opinions

  1. Troy Lee Douthit v. Clarence Jones, Sheriff, Dallas County, Texas, and W. H. McCallumCourt of Appeals for the Fifth Circuit · 1980
  2. Whitlock v. BoyerArizona Supreme Court · 1954
  3. Castillo v. CanavatiCourt of Appeals of Texas · 1941
  4. Foust v. FordCourt of Appeals of Texas · 1948
  5. Price v. DurdinCourt of Appeals of Texas · 1947

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