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BEASLEY v. BARSHOP

No. 13849.

352 S.W.2d 927 (1961)

L. W. BEASLEY, Appellant, v. Joe BARSHOP, Individually and d/b/a Fruit Distributing Company and Banana Distributing Company, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied January 17, 1962.

Attorney(s) appearing for the Case

Perkins, Floyd, Davis & Oden, Alice, for appellant.

Lang, Byrd, Cross, Ladon & Oppenheimer, Stanley D. Rosenberg, San Antonio, for appellee.

POPE, Justice.

This is a venue case which concerns Section 5 of Article 1995, Vernon's Tex.Civ. Stats. Plaintiff, Joe Barshop, filed suit in Bexar County and the trial court overruled L. W. Beasley's plea to be sued in Jim Wells County.

Barshop filed suit on January 16, 1961. The petition asserted an action upon a written sworn account. After defendant timely filed his plea of privilege, Barshop on February 13, 1961, filed his controverting affidavit and adopted...

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