Martin v. Powell

NORVELL, Justice.

This is an appeal from an order overruling a plea of privilege. Exception 10 is involved (Article 1995, Section 10, Vernon’s Ann.Civ.Stats.), which provides that:

“Suit for the recovery of personal property may be brought in any county where the property may be or where the defendant resides.”

Plaintiff’s petition alleged a suit for the recovery of an automobile situated in Jim Wells County. A cause of action for damage arising out of the sale of a defective automobile was also set forth in the petition. Prior to the hearing upon the plea of privilege, the defendant disclaimed…