Service Mut. Ins. Co. of Texas v. Erskine

TIREY, Justice.

This is an appeal from an order overruling plea of privilege filed by The Service Mutual Insurance Company of Texas, “a third-party defendant,” under Rule 38, Vernon’s Texas Rules of Civil Procedure, to be sued in McLennan County, the county of its residence. The cause was tried without a jury and the action of the court is assailed substantially on the ground that plaintiff did not sue the Insurance Company, and that the defendant’s cross-action against the Insurance Company was based solely on an asserted breach of an oral executory contract to renew a compensation policy of…