Moreland v. Leslie

Mr. Judge Brewster,

of the Commission of Appeals, delivered the opinion for the Court.

■ This is an application by H. J. Moreland for a writ of mandamus to compel the Court of Civil Appeals at Eastland to certify the following question of venue:

“In order to hold venue under subdivision 9 and 29a of Article 1995, where suit is brought against two persons for joint and several judgment for damages, on the theory that a trespass has been committed, is it necessary for plaintiff to allege in his controverting affidavit and prove on the hearing that the person alleged to be the agent of the other is…