McCollum v. Tudor

BROWN, Justice.

This is an appeal from an order of the trial court sustaining a plea of privilege. The controverting affidavit was no-t filed by the plaintiff, who has appealed, within the time prescribed by the statutes. Before any controverting plea was filed, and after the lapse of the statutory period for filing same, the defendant below, by his counsel, appeared and called his plea of privilege to the attention of the trial court and requested that same be sustained and the cause transferred to the county of his residence, in view of the fact that his plea had not been controverted. When…