Wheat v. Montgomery

OPINION

PRESLAR, Chief Justice.

This is a venue matter involving principally a procedural -question where the Plaintiffs filed an amended petition but did not file an amended controverting affidavit. The trial Court overruled the Defendant’s plea of privilege. We affirm. ■

This is a suit for the wrongful death of Donald Montgomery brought by the widow, Thelma Louise Montgomery, and the minor son, James Robert Montgomery. Appellees, as Plaintiffs, filed their original petition and the Appellant, Defendant, filed a plea of privilege and the Plaintiffs responded with a controverting affidavit;…