Agey v. Lafferty

WALTHALL, Justice. This appeal was from an order of the county court of Rusk county overruling appellant’s plea of privilege to be sued in [215] Dallas county, the .alleged county of his -domicile. The pleadings and evidence in this case are substantially the same as in the case of W. M. Agey v. Red Star Supply Company, 113 S.W.2d 212, recently decided by this court, and in which case this court concluded the trial court was in error in overruling the plea of privilege. We think the court, on substantially the same evidence, was in error in this case in overruling the plea. The case is reversed and the trial court is directed to transfer the cause to the county court at law of Dallas county.