Legal Opinion

Latham v. Continental Supply Co.

Court of Appeals of Texas

Decided April 20, 1921No. 6554PublishedCited by 5 opinions

Appeal from District Court, Tarrant County; R. E. B. Roy, Judge. Action by Continental Supply Company against J. H. Latham and another, in which the named defendant filed plea of privilege. From judgment overruling the plea, the named defendant appeals.

1Opinion of the CourtCobbs, J.

This suit was brought to recover jointly of J. H. Latham and E. J. McJunkin the sum of $8,834.91 on an alleged joint liability. The suit was filed in the district court of Tarrant county, and J. H. Latham filed a plea of privilege claiming his right to be sued in Erath county, where he resided, and that E. J. McJunkin resided in Tulsa, Okl., and that plaintiff resided in the state of Ohio at and before the institution of the suit, and suit therefore was improperly brought in Tarrant county.

The appellee filed a controverting affidavit alleging the venue properly lies in Tarrant county, Tex.,…

2Cases cited4 opinions

  1. Pearson v. WestTexas Supreme Court · 1904
  2. Taylor v. WilsonTexas Supreme Court · 1906
  3. Carro v. CarroTexas Supreme Court · 1883
  4. J. D. Hudgins & Bro. v. LowCourt of Appeals of Texas · 1906

3Cited by5 opinions

  1. Snyder v. PittsTexas Supreme Court · 1951
  2. Wrenn v. BrooksCourt of Appeals of Texas · 1923
  3. Johnson v. StateCourt of Appeals of Texas · 1924
  4. Gilmer v. GrahamCourt of Appeals of Texas · 1930
  5. Ellerd v. Alexander OliverCourt of Appeals of Texas · 1926

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