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[Download] "Brooks Supply Co. v. First Nat. Bank Glen Rose" by Waco No. 2977 Court of Civil Appeals of Texas * eBook PDF Kindle ePub Free

Brooks Supply Co. v. First Nat. Bank Glen Rose

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eBook details

  • Title: Brooks Supply Co. v. First Nat. Bank Glen Rose
  • Author : Waco No. 2977 Court of Civil Appeals of Texas
  • Release Date : January 11, 1951
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

HALE, Justice. This is an appeal from an order disposing of a plea of privilege. Appellee sued T. K. Donalson, a resident of Travis County, in the District Court of Somervell County to recover on a promissory note and to foreclose a chattel mortgage securing the payment thereof, making appellant a party defendant to the suit upon allegations that it had in its possession some of the mortgaged property upon which foreclosure was sought. Appellant seasonably filed its plea of privilege in due form to be sued in Dallas County. Appellee controverted the plea upon the grounds that its suit against Donalson was based upon a contract in writing to be performed in Somervell County and that appellant was a necessary party to the suit within the meaning of exceptions 5 and 29a, respectively, of the venue statute. The issues thus raised by the pleadings were tried in the court below without a jury and resulted in judgment overruling appellant's plea and hence this appeal.


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