Cape Oil Company v. Williams

DUNAGAN, Chief Justice.

The statement as to the nature of this case is taken from appellant’s brief, which the appellee agrees is substantially correct. This case involves the propriety of entering an order sustaining the plea of privilege after plaintiff, appellant herein, filed a motion for non-suit. This appeal is not on the merits of the plea of privilege of appellee, but on a procedural question. After appellant had filed its motion for a non-suit or voluntary dismissal of the cause, appellee filed a cross-action subject to his plea of privilege and subsequently the trial court granted…