Maupin Construction Company v. Shields

OPINION

WILSON, Justice.

Appellant’s plea of privilege was overruled in a hearing before the court under plaintiffs’ controverting plea alleging subdivisions 9, 9a, 14 and 23 of Article 1995, Vernon’s Ann.Civ.Stat. as exceptions to exclusive venue in the county of defendant’s residence.

Appellant urges reversal because plaintiffs alleged it was a corporation, whereas the proof showed it was a partnership. Appellant filed no verified denial that it was a corporation. Rule 86, Texas Rules of Civil Procedure, provides that a plea of privilege will not constitute a denial under oath of a plaintiff’s…