Bender v. Kowalski

The appeal presents, first, the question of the sufficiency of the averments required in a plea controverting a plea of privilege to be sued in the county of the defendant’s residence. The statute (article 2007, R. S. 1925) requires that such controverting plea shall set “out specifically the fact or facts relied upon to confer venue of such cause on the court where the cause is pending.” In this case the general fact relief upon by the plaintiff was that the defendant contracted in writing to perform an obligation in Kleberg county, where the suit was instituted, the defendant being a…