Scaife Company v. Dornack

Stone, Justice.

The city of Austin, having been brought into this case as an additional defendant, first appeared specially and objected to the jurisdiction of the court “upon the ground that the City of Austin * * * cannot be sued or compelled to defend itself” elsewhere than in the county of Mower, where it is located. Thereafter and without motion or other application below for change of venue, it secured from this court an alternative writ of mcmdamus, which it wants made absolute so as to change the venue of the case from Olmsted to Mower county. The alternative writ is discharged for the…