Automobile Bankers' Corp. v. Woodyard

(after stating; .th,e( case as ‘ ’’ above).

The points on appeal are: (1).-Tiñere..was no oral, proof offered on the hearing, o$ the plea of privilege; (2) the allegations alone of the plaintiff’s petition cannot be considered as constituting prima facie evidence and prevail as against defendant’s verified plea of privilege; (3) the controverting affidavit did not • meet the requirement of averment, of adopting the allegations of the plaintiff’s original petition or by reference or as an exhibit.

It is first required of the trial judge upon the hearing of a plea of privilege to refer to the…