Darr Equipment Company v. Owens

CHADICK, Chief Justice.

This> is a venue case. The trial court decided that Subdivision 4, Art. 1995, Vernon’s Ann.Tex.Civ.St, accorded Robert N. Owens, the plaintiff in the underlying breach of contract suit, the prerogative of prosecuting the suit in Cass County, where filed, and where one of the two defendants resided. The orders overruling the plea of privilege of the non-resident defendant, Darr Equipment Company, is affirmed.

The exception to the general rule of venue allowed by § 4, Art. 1995 may be claimed by a plaintiff on showing: (a) one defendant in the lawsuit resides in the county…