Atchison, Topeka & Santa Fe Ry. Co. v. Waddell Bros.

SPEER, Associate Justice.

The first and second assignments of error present as error the action of the trial court in refusing to sustain the appellant’s plea of privilege. Whether or not the plea should have been sustained depends upon the sufficiency of the evidence to establish the truth of appellant’s plea, wherein it alleges that plaintiffs have falsely and fraudulently joined in this suit the Texas & Pacific Railway Company as a defendant for the sole purpose of giving to the County Court of Midland County jurisdiction, and that the allegations in such petition alleging a joint contract…