Ward v. Fairway Oil & Gas Co.

FANNING, Justice.

This is a venue case. Appellee sued appellant in a District Court in Smith County, Texas, on a sworn account based upon a written contract performable in Smith County, Texas. Appellant filed a statutory plea of privilege to be sued in the county of his residence, Henderson County, Texas. Appellee timely filed its Controverting plea alleging venue in Smith County undfer Subdivision S of Article 1995, V.A. C.S. The trial court overruled the plea of privilege and appellant has appealed.

Appellant’s single contention on ap^ peal is to the effect that under the doctrine of judicial…