Kelly v. National Bank of Denison

(after stating the facts as above). If the suit was on the injunction bond, and we think it was, the pleas of privilege should not have been overruled because M. L. Kelly, Sr., resided in Dallas county, for he was not a party to the bond, therefore was not liable thereon (32 C. J. 437), and hence was neither a proper nor a necessary party to the suit. The exception (fourth) in the statute authorizing a plaintiff, where the defendants reside in different counties, to sue them in a county where one of them resides, does not apply if the defendant residing in the county where the suit is brought…