Legal Opinion

Smith Steel Casting Co. v. Mosley Machinery Co.

Court of Appeals of Texas

Decided March 6, 1969No. 4788Published

1Opinion of the Court

OPINION

WILSON, Justice.

Appellee sued appellant for damages resulting from the alleged conversion of steel casting patterns. The petition alleged the patterns were owned by appellee and they had been delivered to appellant for use in manufacturing castings for appellee. It was alleged that possession was demanded of and refused by appellant.

Appellant’s plea of privilege was controverted by reliance on subd. 23 of Article 1995, Vernon’s Ann.Civ.Stat. (which authorizes venue to be maintained against a private corporation in the county in which the cause of action “or a part thereof” arose), it…

2Cases cited5 opinions

  1. Phoenix Lumber Co. v. Houston Water Co.Texas Supreme Court · 1901
  2. Phillio v. BlytheTexas Supreme Court · 1854
  3. Mercantile Bank & Trust Co. v. SchuhartTexas Supreme Court · 1925
  4. Gable Electric Service, Inc. v. MimsCourt of Appeals of Texas · 1963
  5. O'CONNOR v. Fred M. Manning, Inc.Court of Appeals of Texas · 1953

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