Kinney v. McCleod
Texas Supreme Court
This suit was for tlie foreclosure of a mortgage, and the only question was whether the. suit must be brought in the county hi which the mortgaged premises lie or whether it may be prosecuted (as in this case) in the comity of tlie defendant’s residence.
1Opinion of the Court
Hemphill, Ch. J.
The statute confers upon tlie defendants the general right to be sued in the forum of their respective domicils, but this privilege is not universal. There are various exceptions to the rule, some of them imperatively requiring suits to be instituted elsewhere, and others leaving them *40to be brought, either in express terms or by implication, at the residence of the defendant or in some other designated comity.
For instance, married women' must be sued in the counties in which their . husbands reside; executors, administrators, guardians, and trustees in the county in which the…
2Cited by7 opinions
- Carro v. CarroTexas Supreme Court · 1883
- Pierson v. PiersonTexas Supreme Court · 1941
- Lewis v. Gulf, C. & S. F. Ry. Co.Court of Appeals of Texas · 1950
- Wright v. M. M. Graves Co.Court of Appeals of Texas · 1917
- Reynolds-Kimberlin Oil Co. v. PerryCourt of Appeals of Texas · 1935
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