E. L. Witt & Sons v. Stith

This is an appeal from an order overruling a plea of privilege as well as from a default judgment upon the merits of the case. It is the second appeal to this •court on the question of plea of privilege; the first appeal being reported in the case of Witt & Sons v. Stith (Tex. Civ. App.) 212 S. W. 673. In this case this court reversed and remande'd the cause because the mandatory provision of article 1903, Vernon’s Saylcs’ Civil Statutes Supp. of Texas, 1918, •as to filing a controverting affidavit to the plea of privilege, was not complied with, In reversing the case this court instructed…