Legal Opinion

Wilson's Pharmacy, Inc. v. Behrens Drug Company

Texas Supreme Court

Decided May 2, 1973No. B-3492Published

1Opinion of the Court

494 S.W.2d 161 (1973)

WILSON'S PHARMACY, INC., et al., Petitioners,

v.

BEHRENS DRUG COMPANY, Respondent.

No. B-3492.

Supreme Court of Texas.

May 2, 1973.

Rehearing Denied May 30, 1973.

George D. Neal, Houston, for petitioners.

Naman, Howell, Smith & Chase, George Chase and Paul H. Hubbard, Waco, for respondent.

WALKER, Justice.

This is a venue case. The principal question to be decided is whether, as an invariable rule, all venue facts relied upon by the plaintiff must be alleged in both the petition and the controverting plea.

The suit was brought against petitioners in McLennan County on a verified…

2Cases cited35 opinions

  1. Compton v. ElliottTexas Supreme Court · 1935
  2. Belo Corp. v. Thomas BlantonTexas Supreme Court · 1939
  3. Ladner v. Reliance Corp.Texas Supreme Court · 1956
  4. Safety Casualty Co. v. WrightTexas Supreme Court · 1942
  5. National Life Co. v. RiceTexas Supreme Court · 1943

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