Hill v. Brady
Court of Appeals of Texas
Appeal from Hopkins County Court; Homer L. Pharr, Judge. Suit by A. M. Brady against John D. Hill. Judgment for plaintiff and defendant appeals. Alleging that appellant promised in writing to pay him in Hopkins county sums aggregating $395 and had failed to do so, ap-pellee sued appellant in the county court of said county.
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Appeal from Hopkins County Court; Homer L. Pharr, Judge. Suit by A. M. Brady against John D. Hill. Judgment for plaintiff and defendant appeals. Alleging that appellant promised in writing to pay him in Hopkins county sums aggregating $395 and had failed to do so, ap-pellee sued appellant in the county court of said county. The latter 'by a sufficient plea filed at a proper time asserted a right he claimed to have the cause transferred to Cameron county, where he resided, for trial. The plea was controverted by appellee and overruled by tjhe court by an order made January 4, 1921. Appellant…
1Opinion of the Court
The contention, and only contention, presented by the assignments in appellant's brief is that the court below erred when he overruled appellant's "plea of privilege," and refused to transfer the cause to Cameron county for trial. We are of opinion appellant waived the right he had to have the action of the trial court in that respect reviewed when he failed to prosecute an appeal from the order overruling said plea. Evidently the purpose of the Legislature in enacting the statute giving a right of appeal from an order sustaining or overruling such a plea (article 1903, Vernon's Statutes,…
2Cases cited3 opinions
- Gunter v. Texas Land and Mortgage Co.Texas Supreme Court · 1891
- Travis County v. TrogdonTexas Supreme Court · 1895
- Womack & Sturgis v. GardnerCourt of Appeals of Texas · 1895
3Cited by5 opinions
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- Halliday v. CrewsCourt of Appeals of Texas · 1922
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