Drummond v. Allen Nat. Bank

On Motion for Rehearing.

Appellees contend that it was not error of the trial court to sustain the special exception to the latter part of appellant’s plea of privilege. They also find fault witli the conclusion of this court that, in the absence of a statement of facts, it must be assumed that the portion of the plea to which exception was sustained was eliminated, and that appellant was not permitted to support the plea by proof. They say: “In view of the undisputed facts shown in the record, as herein above set out and referred to, it seems to us passing strange that this court should have…