Burns v. McKoy

OPINION

MASSEY, Chief Justice.

We apply to a Plea of Privilege the rule recognized as applied to affirma tive pleadings in other cases. That rule is, in substance, that before a pleading may be dismissed for want of form or other defectiveness, the party affected thereby must have had his opportunity to amend; which right is mandatory.

Pursuant to such application of the rule we reverse and remand the case to the trial court, with direction to afford the defendant, appellant here, opportunity to amend his Plea of Privilege before taking any action upon the propriety of dismissing the same.…