Legal Opinion · Dissent

Liveoak v. Ingham

Texas Court of Appeals, 8th District (El Paso)

Decided December 15, 1982No. 08-82-00180-CVPublished

1DissentStephen R. Preslar, Chief Justice

I respectfully dissent and would uphold the judgment of the trial court maintaining venue in the county of suit.

Subdivision 9 of Article 1995 provides in part “Crime or Trespass. — A suit based upon a crime, offense, or trespass may be brought in the county where such crime, *570offense, or trespass was committed by the defendant ...” It is undisputed in this case that the crime, offense or trespass was committed in the county of suit by the defendant. That uncontroverted evidence appears to me to meet the requirements of Subdivision 9 and puts an end to the case. But the majority says no, the…

2Cases cited5 opinions

  1. Stockyards National Bank v. MaplesTexas Supreme Court · 1936
  2. Farmers' Seed & Gin Co. v. BrooksTexas Supreme Court · 1935
  3. Foster v. H. E. Butt Grocery Co.Court of Appeals of Texas · 1977
  4. Howsley v. GilliamTexas Supreme Court · 1975
  5. Thorn v. Theo H. Blue Drilling, Inc.Court of Appeals of Texas · 1971

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