McMurtry v. Addington

CHAPMAN, Justice.

This is a venue case in which appellee, Emory Addington, seeks to maintain his action in Dallam County, under Article 1995, Section 7, Vernon’s Ann.Civ.St., relating to fraud. R. L. McMurtry, appellant (defendant below), filed his plea of privilege to be sued in Potter County, the county of his residence. The plea was controverted by appellee’s allegation that his First Amended Petition shows and avers and it is a fact that appellant committed a fraud upon him in Dallam County. Such *408pleading was incorporated by reference and made a part of his controverting plea.

Appellant…