Hayter v. Hudgens
Court of Appeals of Texas
Appeal from District Court, Rusk County; Chas. L. Brochfield, Judge. Action by W. M. Hudgens against Sam B. Hayter and others. From a judgment overruling a plea of privilege, defendants appeal. Appellee was the plaintiff. He resided in Rusk county. His suit was brought in that county against appellants S. B. Hayter and A. D. Edens, both of whom resided in Nac-ogdoches county.
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Appeal from District Court, Rusk County; Chas. L. Brochfield, Judge. Action by W. M. Hudgens against Sam B. Hayter and others. From a judgment overruling a plea of privilege, defendants appeal. Appellee was the plaintiff. He resided in Rusk county. His suit was brought in that county against appellants S. B. Hayter and A. D. Edens, both of whom resided in Nac-ogdoches county. The suit was for damages for fraud practiced on appellee by appellants, he alleged, in the sale by him of a tiact of land he owned situated in said Nacogdoches county. Each of the appellants filed a plea in conformity to…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). An exception to the general rule which forbids suit “against an inhabitant of this state out of the county in which he has his domicile” exists “in all cases of fraud,” in which, it is provided, “suit may be instituted in the county in which the fraud was committed.” Article 1830, subd. 7, Vernon’s Statutes. Appellee’s claim of a right to maintain his suit against appellants in Rusk county was based on said exception.
The attack by appellants on the judgment sustaining appellee’s claim is on the ground that the testimony did not warrant a finding that they…
2Cases cited4 opinions
- Wells v. HoustonCourt of Appeals of Texas · 1900
- Hahl v. KelloggCourt of Appeals of Texas · 1906
- Longworth v. StevensCourt of Appeals of Texas · 1912
- Horton v. SmithCourt of Appeals of Texas · 1912
3Cited by13 opinions
- Wooley v. LucksingerSupreme Court of Louisiana · 2011
- First State Bank of Miami v. FATHHEREE, Texas Court of Appeals, 7th District (Amarillo)1993
- Harshberger v. Reliable-Aire, Inc.Court of Appeals of Texas · 1981
- Lee v. BatesSupreme Court of Oklahoma · 2005
- First State Bank of Corpus Christi v. Von Boeckmann-Jones Co.Court of Appeals of Texas · 1962
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