Yell v. Prock

McDONALD, Chief Justice.

The suit is on a promissory note, payable by its terms “to the order of the General Distributing Company, 2814 Main Street, Dallas, Texas, or at such other place as the holder hereof may from time to time in writing appoint.” The appeal is from an order overruling defendant’s plea of privilege to be sued in the county of his residence.

Appearance day was August 28, 1950. Judgment 'by default was prematurely entered on August 23rd. Defendant’s plea of privilege was filed August 26th. Thereafter defendant filed a motion to set aside the judgment by default, and the…