Oliver v. Gallagher

The relator has filed a motion for a rehearing of his petition for mandamus to compel the Waco Court of Civil Appeals to1 certify the question whether its action was correct in sustaining the order of the County Court in overruling relator’s plea to the jurisdiction, as disclosed by the opinion of a majority of the Court of Civil Appeals in the case of Oliver v. Henley, 21 S. W., (2d) 576. The mandamus is sought on the ground that the Court of Civil Appeals decided that a written contract which does not stipulate for performance in the county where the suit is brought will support the venue…