R. & R. Theatres Enterprises, Inc. v. Goff

Court of Appeals of Texas

R. & R. Theatres Enterprises, Inc. v. Goff

60 S.W.2d 1119, 1933 Tex. App. LEXIS 815

Court of Appeals of Texas·Decided May 10, 1933·No. No. 7866·Published

Opinion

MeCLENDON, Chief Justice.

Appeal from an interlocutory order overruling a plea seeking to change the venue to the county of defendant’s (appellant’s) residence.

The controverting affidavit sought to uphold the venue in Tom Green county, on the ground that the cause of action arose in that county. However, no proof was offered in support of the controverting plea, and under the prescribed procedure the venue should have been changed. R. S. art. 2007; Vilbig Motor Freight Lines v. Jenness (Tex. Civ. App.) 34 S.W.(2d) 684.

The order appealed from is set aside, and the cause is remanded, with instructions to change the venue as prayed for.

Order appealed from set aside; cause remanded, with instructions.

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MeCLENDON, Chief Justice.

Appeal from an interlocutory order overruling a plea seeking to change the venue to the county of defendant’s (appellant’s) residence.

The controverting affidavit sought to uphold the venue in Tom Green county, on the ground that the cause of action arose in that county. However, no proof was offered in support of the controverting plea, and under the prescribed procedure the venue should have been changed. R. S. art. 2007; Vilbig Motor Freight Lines v. Jenness (Tex. Civ. App.) 34 S.W.(2d) 684.

The order appealed from is set aside, and the cause is remanded, with instructions to change the venue as prayed for.

Order appealed from set aside; cause remanded, with instructions.

R. & R. Theatres Enterprises, Inc. v. Goff, 60 S.W.2d 1119, 1933 Tex. App. LEXIS 815 (Tex. Ct. App. 1933).

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Opinion

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