Claiborne v. Missouri, Kansas & Texas Railway Co.

ON MOTION TO DISMISS.

HUNTER, Associate Justice

This is a motion by appellee to dis miss the appeal, because the affidavit filed in the District Court, where the cause was tried, “was made before the county judge of Cooke County, and it nowhere appears in the affidavit, in the petition, or elsewhere, that the plaintiff was a resident of that county.”

This motion states the facts. ¡Not even in plaintiff’s petition does he give the county of his residence, nor is it shown in the statement of facts, or in the affidavit, and we approve the suggestion of the counsel that it would be eminently proper…