Dempsey-Tegeler & Co. v. Flowers

I would affirm the judgment of the trial court. The plaintiffs both relied upon Subdivision 23 of Article 1995, V.A.C.S., to retain venue in Lubbock County. In my opinion they discharged their burden of alleging and proving their causes of action under Section 33 of The Securities Act, against a foreign corporation, in Lubbock County. I do not find it necessary to pass upon the problems which arise when Subdivision 9 of Article 1995 is considered, as pointed out in the majority opinion.

The majority opinion turns this case upon the failure of Section 33 to specifically mention the word…