Korth v. Tumlinson

MURRAY, Justice.

The opinion heretofore delivered by this court, on May 30, 1934, is withdrawn, and this opinion will be substituted therefor.

Appellee, Mrs. Francis O. Tumlinson, instituted this suit in the district court of Medina county against appellant, Fritz Korth, seeking judgment in the sum of $1,357.40, alleged to be due her as a result of the payment of usurious interest to Fritz Korth in the sum of $678.70. Korth filed a plea of privilege to be sued in Karnes county where he resided, which plea of privilege was controverted by appellee, and upon a hearing, at which evidence was…