Burney v. Winfrey

TIREY, Justice.

The appellant has perfected his appeal from an order overruling his plea of privilege to be sued in the District Court of Scurry County, Texas, the county of his residence. There was no request for findings of fact and conclusions of law, and none filed. The judgment is assailed on two points, they are substantially that the Court erred: (1) In overruling defendant’s plea of privilege; (2) In admitting in evidence testimony that Ruby Lee Winfrey was the wife of B. L. Winfrey over defendant’s objection that same was outside the pleadings.

A statement is necessary. The appellees’…