Bankers' Health & Accident Co. of America v. Cole

Appellee sued appellant on a sick benefit or health policy contract. Appellant filed a plea of privilege to remove the suit to Harris county, its place of domicile. The trial court overruled the plea, notwithstanding no controverting affidavit was filed by appellee. Subject to the plea of privilege, appellant answered formally and by pleas setting up special defenses. The case was tried to the court without a jury, and resulted in a judgment in favor of appellee for $159, the amount sued for, from which judgment this appeal is perfected.

The judgment must be reversed because of the action of…