Miller v. Rusk
Texas Supreme Court
Appeal from Henderson. Tried below before the Hon. John H. Reagan. Suit by appellant against appellee on a bond for title ■ to land lying in Henderson County. The petition alleged the residence of defendant to be in Nacogdoches County. Defendant pleaded in abatement, that he was entitled to be sued in Nacogdoches County. The plea was not sworn to ; but no objection was made to it on that ground. Exceptions to the plea were overruled, and the suit abated.
1Opinion of the CourtWheeler, J.
It is the right of the defendant to be sued in the county of his residence, subject only to the exceptions enumerated in the Statute. (Hart. Dig. Art. 667.) The exception,, which is relied on to take the present case out of the operation of the general rule, is the last in the enumeration of exceptions in the Statute, and is thus expressed : “ in cases where the recovery of land, or damages thereto, is the object of the suit, in which cases suit must be instituted where the land or a part thereof is situated.”
*171Is the present case within the exception ? We think clearly not. It is not a suit,…
2Cited by34 opinions
- Deaton v. RushTexas Supreme Court · 1923
- Thomson v. LockeTexas Supreme Court · 1886
- Stewart v. MillerCourt of Appeals of Texas · 1925
- Brown v. Gulf Television Co.Texas Supreme Court · 1957
- McCampbell v. DurstCourt of Appeals of Texas · 1897
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