Brooks v. Herren

The appeal is from an order overruling appellant’s plea of privilege, which was filed and urged in due form and time. To this plea appellee, in due course, presented a controverting affidavit.

Upon the hearing of the matter, no evidence of any character was adduced or considered, and the trial judge determined the issue solely upon the mere allegations in the controverting plea; it being conceded that the plea of privilege was in due form and presented a prima facie ease entitling appellant to a change of venue.

It is first contended by appellant that ap-pellee’s controverting plea was not…