Painter Bus Lines, Inc. v. Carpenter

NORVELL, Justice.

This is an appeal from an order overruling the plea of privilege of Painter Bus Lines, Inc., defendant below.

It is contended that appellee, Bonnie Val Carpenter, the plaintiff below, waived her rights asserted by her controverting affidavit in failing to obtain a hearing thereon. Article 2013, Vernon’s Tex.Civ.Stats.

The controverting affidavit was filed during the April, 1939, term of said court. No hearing was held on the plea and controverting affidavit during that term, but an order of continuance was entered which recited the court would “not have an opportunity to…