Miller v. Van-Tex Royalty Co.

HIGGINS, Justice.

This is an appeal by J. B. Miller from an order overruling a plea of privilege to be sued in Smith county where he resides.

Appellees filed the suit against Miller and others to recover damages for fraud. As to Miller the suit was an appearance case at the September term, 1931. In due time affidavit controverting the plea was filed by the plaintiffs. No notice was given of the controverting affidavit, and no action was taken upon the plea at .the September term. The next term convened December 7, 1931, and on February 1,1932, of the same term, the case was called for trial,…