Hargrove v. Koepke

POPE, Justice.

This is a plea of privilege case and the point is whether the plaintiff abandoned his controverting affidavit, as a matter of law, by delaying four years and nine months before asking for a setting. The trial court held that there was not an abandonment and after a venue hearing denied defendant’s plea to transfer the cause to McCulloch County. Defendant appealed.

Plaintiff, Harry M. Koepke, filed suit in Bexar County during October, 1946, for damages arising out of an automobile collision. Defendant, Mitchell C. Hargrove, filed a plea of privilege to be sued in Mc-Culloch…