J. G. Smith Grain Co. v. Shuler

Appellant brought this suit to recover of appellee for an alleged shortage in corn shipped to him at Waco, Tex., from Gonzales, Tex., alleging fraud committed in McLennan county by reason of misrepresentation as to the weight of the car of corn shipped. AppSUee filed a plea of privilege, in proper form, and the same was controverted by appellant by alleging that the fraud was committed in McLennan county.

Appellant filed a motion to strike out appellee’s plea of privilege, for the reason that It was not acted upon at the first term of court. By reason of the statements appearing of record as…