Rogers v. Barbee

COLEMAN, Justice.

This is an appeal from a judgment overruling a plea of privilege.

On January 23, 1961, Neal H. Barbee filed his original petition naming as defendant Texas State Optical, Inc., in which he sought damages by reason of certain claimed acts of negligence on the part of employees of defendant at “one of defendant’s many retail outlets in Harris County, Texas.” He also alleged warranty and breach thereof. Citation was issued to “Texas State Optical, Inc., a Texas Corporation” and the Sheriff’s Return by the Sheriff of Jefferson County, Texas, recited execution in Jefferson County,…