Stewart v. McLean

SMITH, Chief Justice.

This is an appeal by Lee V. Stewart from an order overruling a plea of privilege. The successful plaintiff below (A. H. McLean) relied upon exception 4 of Article 1995, Vernon’s Ann.Civ.Stats., which provides that: “4. Defendants in different counties. — -If two or more defendants reside in different counties, suit may be brought in any county where one of the defendants resides. * * * ”

The leading case construing Exception 4 is Stockyards National Bank v. Maples, 127 Tex. 633, 95 S.W.2d 1300, in which it was held that upon a plea of privilege hearing, a cause of action…