Dalehite v. Smith

BARROW, Justice.

This is a venue action. Appellee, Pérry Rowan Smith, filed suit in Bexar County, Texas, to recover attorney’s fees, and appellant, Terry R. Dalehite, filed his plea of privilege to be sued in Frio County, Texas. Appellee controverted this plea and asserted that venue was properly in Bexar County under Subd. 3, Art. 1995, Vernon’s Ann.Civ.St. The trial court, after a non-jury hearing, overruled the plea of privilege, and appellant perfected this appeal.

To maintain venue under Subd. 3 of the venue statute it is necessary for appel-lee to prove that he is a resident of Bexar…