Randell v. Randell

McDONALD, Chief Justice.

Appellant filed this suit for divorce against appellee in Montague County. Ap-pellee filed a plea of privilege to remove the suit to Wise County, alleged to be the county of appellee's residence. On failure of appellant to file a controverting plea within the time set out in Rule 86, Texas Rules of Civil Procedure, the trial court sustained the plea of privilege and ordered the cause transferred to Wise County.

Article 4631, R.C.S., Vernon’s Ann.Civ. St. art. 4631, provides that no suit for divorce shall be maintained unless “the petitioner for such divorce, shall at…