Odom v. Parker

TIREY, Justice.

This is an appeal from an order (non-jury) overruling plea of privilege of J. M. Odom to be sued in Travis County, the county of his residence.

The judgment is assailed substantially on the ground that the allegation made in the controverting affidavit of an omission to plug and inspect the gas line was insufficient pleading of a trespass within the meaning of our venue statute; that the evidence adduced did not tender the issue of trespass ; and that appellee failed to plead and prove trespass within Coleman County. We think that these contentions must be sustained.

Appellee,…