Shield v. First Coleman Nat. Bank

TIREY, Justice.

This is an appeal by I. O. Shield from an order overruling his plea of privilege to be sued in Montague County, Texas.

Point 1 is in part: “Where a resident defendant is dismissed from a law suit only at the conclusion of the trial thereof, a plea of privilege for the first time and then only becomes available to the other defendant, and all of his pleadings and his participation in the trial of the case cannot be considered as a waiver of his right to be sued in the county of his residence * * The application of this proposition to the undisputed record in this cause, in our…