Adams v. Wallace
Court of Appeals of Texas
Appeal from Titus County Court; J. W. Tabb, Jr., Judge. Suit by C. H. Wallace against James R. Adams. From order or judgment overruling defendant’s plea of privilege, he appeals. Appellee sued appellant in the county court ■of Titus county, alleging that the latter resided in Collin county.
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Appeal from Titus County Court; J. W. Tabb, Jr., Judge. Suit by C. H. Wallace against James R. Adams. From order or judgment overruling defendant’s plea of privilege, he appeals. Appellee sued appellant in the county court ■of Titus county, alleging that the latter resided in Collin county. Appellee further alleged that he owned a tract of land, constituting his homestead, in Titus county; that he was indebted to appellant; that to secure said indebtedness he, joined by his wife at appellant’s request, and relying on appellant’s promise to reeonvey the same to them when the debt was paid, on…
1Opinion of the Court
WILLSON, C. .1.
(after stating the facts as above). [1-3] The insistence in appellee’s motion to dismiss the appeal that an appeal does not lie from an order overruling a plea of privilege is in the face of an express provision in the statute (Revised Statutes 1911, art 1903, as amended April 2, 1917), allowing such an appeal. The motion is overruled.
It is entirely clear, we think, that the suit was not maintainable in Titus county on the ground that appellant committed a “trespass” there, within the meaning of the ninth exception to article 1830, Vernon’s Statutes.
And we think appellee also…
2Cases cited2 opinions
- Boothe v. FiestTexas Supreme Court · 1891
- Espey v. BooneCourt of Appeals of Texas · 1903
3Cited by3 opinions
- Wallace v. AdamsCourt of Appeals of Texas · 1922
- Lyon v. GrayCourt of Appeals of Texas · 1924
- Wallace v. AdamsCourt of Appeals of Texas · 1922