Cline v. Southwest Wheel & Mfg. Company

DENTON, Chief Justice.

This is an appeal from the order of the District Court of Lubbock County sustaining the plea of privilege filed by appellee, defendant below. Kenneth Cline filed suit against Southwest Wheel & Mfg. Company seeking to recover the amount of Federal excise taxes assessed against Cline. Cline relies on Subdivision 23 of Article 1995, Vernon’s Ann.Civ.St, to controvert the plea of privilege. The trial court Sustained the plea of privilege and ordered the case transferred to Dallas County, the location of defendant’s principal office.

In his original petition appellant alleged…