Alpha Petroleum Co. v. Gray

CODY, Justice.

J. W. Gray brought this suit against the Alpha Petroleum Company in the district court of Trinity county. Citation was duly issued and served on defendant, returnable to the March term of court, 1935; and defendant seasonably filed its plea of privilege to be sued in Harris *1048county. Plaintiff filed a controverting affidavit on March 7, 1935, and on the same day his attorney, before ascertaining the date on which the contest of the plea of privilege would be heard, had the clerk issue the notice or citation to be served on defendant. Consequently, as issued by the clerk, both the…