Pardue v. Confederate Air Force

STEPHENS, Justice.

This is a venue case. The question presented is whether the filing and hearing of a motion to vacate a default judgment precludes a defendant’s right to subsequently urge a plea of privilege to be sued in the county of his residence. The trial court held it did not, and we affirm.

Howard E. Pardue and Jimmie R. McMillan sued Confederate Air Force, a Texas nonprofit corporation, and Malcolm D. Russell for damages. Defendants failed to timely answer and an interlocutory default judgment with writ of inquiry was rendered against them on July 24, 1980. On July 30,1980, defendant…