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

CourtCourt of Appeals of Texas

DecidedMay 10, 1933

DocketNo. 7866

StatusPublished

This text of 60 S.W.2d 1119 (R. & R. Theatres Enterprises, Inc. v. Goff) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

Pincite

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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