Talbert v. Miles

HALL, Justice.

In this personal injury action which resulted from an automobile collision, the plaintiffs appeal from an order sustaining the defendant’s plea of privilege.

In their controverting plea the plaintiffs pleaded the provisions of subdivision 9a of Article 1995, Vernon’s Annotated Texas Civil Statutes, for maintaining venue in the county of suit. However, at the plea of privilege hearing, no proof was made in support of the controverting plea.

The record shows without contradiction that after the filing of the plea of privilege, but before it was heard, the defendant, without…