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HARPER v. KILLION

No. A-8384.

348 S.W.2d 521 (1961)

O. B. HARPER D/B/A Harper Electric Company, Petitioner, v. S. D. KILLION, Respondent.

Supreme Court of Texas.

July 19, 1961.

Attorney(s) appearing for the Case

Gordon R. Wellborn, Henderson, Rex Houston, James N. Phenix and C. A. Keeling, Henderson, for petitioner.

Spruiell, Lowry, Potter, Lasater & Guinn, Tyler, Philip C. Clayton, Jr., Tyler, for respondent.

STEAKLEY, Justice.

Respondent sued petitioner, a resident of Rusk County, Texas, in Cherokee County which adjoins Rusk County. Petitioner filed his plea of privilege which respondent controverted by invoking Exception 7 of Article 1995, Vernon's Ann.Civ.St. Upon hearing, the evidence established that the acts of fraud were committed in Jacksonville, Texas, but no proof was made that Jacksonville is located in Cherokee County. The plea of privilege was overruled. There...

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