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On Motion for Rehearing.
We have concluded that we were in error in directing the cause to be transferred for trial in Nueces county instead of in Tar-rant county upon the appellee’s controverting plea. Although in the facts the appellee could have brought the suit in Nueces- county, under exception 2, yet he did not do so. Under article 2007, -upon a hearing of the plea of privilege, it was incumbent upon appellee to sustain the venue of the suit in the county “where the cause is pending” ; otherwise the plea of privilege should be sustained. Greenville Gas & Fuel Co. v. Commercial Finance Co. (Tex. Com. App.) 298 S. W. 550; Coalson V. Holmes, 111 Tex. 502, 240 S. W. 896.
The former judgment is modified so as to transfer the cause to Tarrant county for trial. The appellee’s motion for rehearing is denied.
Document Info
Docket Number: No. 3596.
Judges: Leye
Filed Date: 3/7/1929
Precedential Status: Precedential
Modified Date: 11/14/2024