Legal Opinion · Dissent

Wilson's Pharmacy, Inc. v. Behrens Drug Company

Texas Supreme Court

Decided May 2, 1973No. B-3492Published

1DissentDaniel, Justice

I dissent, respectfully but vigorously.

One of the most ancient and well established rules of law in this State is that an inhabitant of Texas shall not be sued out of the county of his domicile except in certain specifically enumerated cases.1 This statutory rule of law, including most of its ten initially enumerated exceptions, came almost verbatim from the Spanish rules of civil procedure as found in Las Siete Partidas.2 The law, now embodied in Article 1995,3 vests in the defendant a valuable right which the courts have carefully protected with procedural rules and with strict construction…

2Cases cited28 opinions

  1. Compton v. ElliottTexas Supreme Court · 1935
  2. Belo Corp. v. Thomas BlantonTexas Supreme Court · 1939
  3. Ladner v. Reliance Corp.Texas Supreme Court · 1956
  4. Safety Casualty Co. v. WrightTexas Supreme Court · 1942
  5. National Life Co. v. RiceTexas Supreme Court · 1943

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