First National Bank v. Shriver

The defendant is a' resident of Polk county, and this action was brought against him in Jasper county. The petition sets up in separate counts two causes of action; the first being upon a promissory note, payable by its terms in Jasper county, and the second upon a claim for commission on the sale of land -in Texas, pursuant to an alleged oral agreement therefor. The defendant appearing to the action moved to strike out the second count of the petition, alleging in support thereof his residence in Polk county and his consequent nonliability to be sued upon said oral contract in any other…