Goad Motor Co. v. Yantis

This appeal is from an order overruling a plea of privilege, regular in form and substance and seasonably filed in the court below.

It is conceded that while a proper controverting affidavit was seasonably interposed against the plea, the trial court set the matter down for hearing and heard and overruled the plea, without notice to the defendant in the manner and within the time required by statute. Article 2008, R. S. 1925. Out of this state of facts arises the controlling question presented in the appeal, to wit, what effect shall be given the order resulting from the hearing of the plea…