Legal Opinion · Dissent
Noble v. Broad
Court of Appeals of Texas
Decided April 15, 1914No. 5335Published
Appeal from Coleman County Court; F. M. Bowen, Judge. Action by William Broad against T. B. Noble and others. On appeal from a justice of the peace to the county court, judgment was rendered for the plaintiff, and defendants appeal.
1DissentJenkins, J.
I do not com cur in the view expressed in the majority opinion herein that appellants’ plea of privilege to be sued in the county of their residence should be sustained. I think that the justice court in Coleman county had jurisdiction as to them by virtue of subdivision 5 of article 1830, R. S. 1911, which reads:
“Where a person has contracted in writing to perform an obligation in any particular county, in which case suit may be brought either in such county, or where the defendant has his domicile.”
The obligation sued on was to be performed in Coleman county, and it is conceded that as to…
2Cases cited11 opinions
- Behrens Drug Co. v. Hamilton & McCartyTexas Supreme Court · 1898
- Max Lindheim & Bro. v. MuschampTexas Supreme Court · 1888
- Cohen v. MunsonTexas Supreme Court · 1883
- St. Louis Southwestern Railway Co. v. McKnightTexas Supreme Court · 1905
- Sublett v. HurstCourt of Appeals of Texas · 1914
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