American Mortg. Corp. v. Smith

RANDOLPH, J. Cause No. 3468 is an appeal from an order of the court overruling a plea of privilege, and cause No. 3504 is an appeal from a trial on the merits. The appellee filed his suit in the county court of Lubbock county against the appellant and one J. C. Roberts, constable of precinct No. 1 of Lubbock county, Tex., seeking recovery of damages for the convei-sion of an automobile of which he was alleged to be the owner. The appellant alleges that the defendant J. O. Roberts is a resident of Lubbock county, Tex., and that the defendant American Mortgage Corporation has its principal office and domicile in Dallas county, Tex. The appellant filed its plea of privilege to be sued in the county of its residence, Dallas county, Tex. This was duly controverted by the plaintiff, and on hearing before the trial court the plea of privilege was overruled, and from such order overruling the plea, the defendant mortgage company has appealed. The plaintiff’s petition alleges his ownership of an automobile and conversion thereof by [1093] the defendants. In the affidavit controverting the plea of privilege, plaintiff further alleges by way of copying the allegations of his petition: “That the defendants knew or should have known that the automobile belonged to the plaintiff. That they had no rights therein. Further it was an attempt on the part of defendants to coerce him into paying the debt of another that he was in no way liable for and that he had no knowledge of; that said defendants maliciously, willfully, fraudulently, wrongfully and unlawfully, without any sufficient excuse or reason, took said automobile from the possession of the plaintiff and converted it to tñeir own use with an utter disregard of plaintiff’s rights therein. * * * Further said affidavit sets out the residence of J. O. Roberts as being in Lubbock County, Texas, and also alleges that said conversion and trespass complained of occurred in Lubbock County, Texas, and was 'a conversion for the use and benefit of the defendants and that the cause of action, therefore, arose in Lubbock County, Texas.” Subdivision 9 of article 1995, R. O. S. 1925, provides that a suit -based upon a crime, offense, or trespass may be brought in the county where such crime, offense, or trespass was committed or in the county where the defendant has its domicile. Subdivision 23 provides that suits against a private corporation,' association, or joint-stock company may be brought in any county in which the cause of action or a part thereof arose. Suit for conversion is properly brought in the county where the conversion of property occurs, as well as by reason of said subdivision 23. Bowers v. Bryant-Link Co. (Tex. Com. App.) 15 S.W.(2d) 598; Grayburg Oil Co. v. Powell, 118 Tex. 354, 15 S.W.(2d) 542. The trial court, therefore, did not err in overruling the defendant’s plea of privilege.