Fraternal Bank & Trust Co. v. Cotton Belt State Bank of Timpson

LATTIMORE, Justice.

The controverting affidavit was filed November 28, 1931. The hearing was twice set and postponed, the second date being February 4, 1932. Nothing further of record concerning same is shown until August 4, 1934, when a supplemental controverting affidavit was filed and the order appealed from was made.

Appellee objected to any hearing on the merits of the controverting plea, and insisted that the delay was fatal to the rights of plaintiff to maintain venue in Tarrant county, and moved the court to transfer the cause in accordance with the plea of privilege.

This was one of six…