Cobb Grain Co. v. H. H. Watson Co.

The only issue presented in this case is whether the trial court erred in permitting appellee, plaintiff below, in the county court of Dallas county, Tex., after the plea of privilege had been filed by.the defendants J. F. Cobb and A. G. Cox to be. sued in Hale county, where both resided, to take a nonsuit without passing upon said plea of privilege. The plea of privilege was in proper' form, seasonably filed, and at a second term, of said court after same was filed the case was called for trial. No controverting affidavit was ever filed, and before any order transferring the ease to Hale…