Austin v. Bearden

■WILLSON, O. J.

(after stating the case as above). Whether appellee in his plea controverting appellants’ plea of privilege alleged the existence of facts showing exceptions he invoked to the rule prescribed by article 1995, R. S. 1925, referred to in the statement above, need not be determined, for if he did he failed to prove the existence of such facts. That being true, appellants’ third assignment of error, in which they complain of the action of the trial court in overruling their plea of privilege, should be and is sustained. That in the absence of such proof by appellee, appellants’…