Houston Sash & Door Company, Inc. v. Davidson

I respectfully dissent. All of the cases in this state that I have read, do not support the conclusion reached in the majority opinion.

In that opinion, the issue is drawn as follows:

“In order to maintain venue under subdivision 4, Art. 1995, must plaintiff prove the existence of a cause of action at the time of the hearing against the resident defendant ?”

It is apparent that question is susceptible of two entirely different meanings. Does it mean that proof of a cause of action must be made at the hearing of the plea of privilege? Or, does it mean that the cause of action must exist at the…