Schwartz Co. v. Paulsel Lumber Co.

OPINION

SPURLOCK, Justice.

This is a venue case. By its original petition in the nature of a sworn account, Paulsel Lumber Company sued The Schwartz Company. The defendant filed an instrument denominated “Defendant’s Original Answer”. A close examination of this pleading indicates that the document also includes a plea of privilege. Plaintiff did not file a controverting affidavit within the ten days required by Rule 861 (1967). Pursuant to Rule 5(b)1 (Supp.-1978), the plaintiff filed a motion for leave to file his controverting affidavit late. After a hearing on this motion, the trial court…