Burton v. Lowry

LATTIMORE, Judge.

This is an appeal from an order overruling a plea of privilege. The suit was on three notes. The notes were in evidence and the proof sufficient to justify the trial court in finding that appellant executed them. However, appellee’s controverting affidavit only alleged “that the notes sued on herein specifically provide that they are payable at the First National Bank of Wichita Falls and that by reason thereof the contract is performable in Wichita County.” Assuming that such allegation is not sufficient, it is apparent to us that the ends of justice can be best subserved by…