Stark v. Whitman
Texas Supreme Court
Error from Orange. Tried below before the Hon. W. H. Ford. In this suit by Stark against Whitman, brought in Orange county, the defendant below interposed his plea of privilege to the jurisdiction, in which he stated very fully, under oath, that he was a citizen of Newton county when the suit was brought, but failed to negative any of the exceptions to the rule which required him to be sued in the county of his residence. The plea was sustained and the suit dismissed.
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Error from Orange. Tried below before the Hon. W. H. Ford. In this suit by Stark against Whitman, brought in Orange county, the defendant below interposed his plea of privilege to the jurisdiction, in which he stated very fully, under oath, that he was a citizen of Newton county when the suit was brought, but failed to negative any of the exceptions to the rule which required him to be sued in the county of his residence. The plea was sustained and the suit dismissed. The record discloses that the defendant had also suggested ore terms, that the presiding judge was disqualified “ because T.…
1Opinion of the Court
Willie, Chief Justice.
We are of opinion that the court below erred in sustaining Whitman’s plea of personal privilege and dismissing the cause. It has heretofore been held by this court that such a plea should anticipate and exclude all such supposable matter as would, if alleged on the opposite side, defeat the plea. Breen v. T. P. R. R. Co., 44 Tex., 302; H. & T. C. R. R. Co. v. Graves, 50 Tex., 200. The plea filed in this cause merely alleged the residence of defendant to be in the county of Newton, and did not negative the fact that he came within any of the exceptions which would have…
2Cases cited1 opinion
- Breen v. Texas & Pacific Railway Co.Texas Supreme Court · 1875
3Cited by7 opinions
- Raleigh & Heidenheimer Bros. v. CookTexas Supreme Court · 1883
- Tignor v. ToneyCourt of Appeals of Texas · 1896
- Carothers v. McIlhenny Co.Texas Supreme Court · 1885
- Crawford v. CarothersTexas Supreme Court · 1886
- Eldora Oil Co. v. ThompsonCourt of Appeals of Texas · 1921
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