Keeling v. Rigsby

DENTON, Chief Justice.

This is a venue case under Sections 9 and 9a, Article 1995, Vernon’s Ann.Civ.St. Sherill Rigsby sued Aubrey Keeling and Julian Keeling, a partnership d/b/a K & K Pole Line Construction Company for personal injuries alleged to have been sustained on May 28, 1963 while an employee of the defendants. Aubrey Keeling filed his plea of privilege and in it alleged under oath “that no partnership exists between the named persons as a partnership”. Rigsby filed a controverting affidavit in answer to this plea of privilege. The plea of privilege, after a hearing, was overruled.…