Wichita Falls & Southern Railroad v. McDonald

This is an original mandamus proceeding brought in this Court to require the Court of Civil Appeals to certify to this Court certain questions of law involved in the case of Gillette Motor Transport Company v. Wichita Falls & Southern Railroad Company.

On July 8, 1942, the trial court overruled defendant’s plea of privilege to be sued in the county of its residence. The defendant did not file a motion for new trial, nor did it prosecute an appeal from such ruling. Thereafter, on November 16, 1942, the defendant orally represented his plea of privilege and the court sustained the same and…