Clifton v. Price, 13258.
| Decision Date | 08 November 1935 |
| Docket Number | No. 13258.,13258. |
| Citation | 88 S.W.2d 783 |
| Parties | CLIFTON v. PRICE et al. |
| Court | Texas Court of Appeals |
Appeal from District Court, Tarrant County; Walter L. Morris, Judge.
Suit by Al W. Clifton against Earl Price, Doyle Yancy, and others. From an order sustaining named defendants' pleas of privilege and ordering suit transferred to another county, plaintiff appeals.
Affirmed.
See, also, Price v. Lovejoy (Tex.Civ. App.) 88 S.W.(2d) 785.
E. B. Hendricks and Frank R. Graves, both of Fort Worth, and T. Y. Collins, of Brownsville, for appellant.
Nat Gentry, Jr., of Tyler, and Phillips, Trammell, Chizum, Estes & Edwards and Clayton L. Orn, all of Fort Worth, for appellees.
On August 13, 1934, appellant, Al W. Clifton, filed suit in the Ninety-Sixth district court of Tarrant county, Tex., against Earl Price, sheriff of Smith county, Cities Service Oil Company, a private corporation, and Standard Accident Insurance Company, also a private corporation. The insurance company is the surety on the sheriff's official bond. The suit was for damages as against all of said defendants; the allegations being, in substance, that Marshall Young, an employee of defendant Cities Service Oil Company, in the city of Tyler, in Smith county, as agent for such oil company, acting jointly and severally with the said sheriff—both parties acting by and through duly authorized agents—without warrant, right, or authority, arrested the plaintiff. The deputy sheriff, so charged, being Doyle Yancy. That plaintiff was wrongfully accused by the defendants of stealing an oil can, etc.
Price filed his plea of privilege to be sued in the county of his residence. The plea was controverted, and a hearing was had on the issues tendered, but before the trial court announced its judgment, the plaintiff Clifton asked leave to take a nonsuit, and leave being granted, on October 2, 1934, the said district court dismissed plaintiff's suit at his costs.
On October 13, 1934, Clifton refiled his suit in the Sixty-Seventh district court of Tarrant county, in which he made Earl Price, said sheriff, Doyle Yancy, deputy sheriff, Cities Service Oil Company, and Standard Accident Insurance Company, surety on the said sheriff's bond, parties defendant, and attempts to recover on the same cause of action set up in his first suit.
Price, sheriff as aforesaid, again filed his plea of privilege, and also a plea of res adjudicata, based upon the record in the former suit. Doyle Yancy filed a plea of privilege, and a plea of res adjudicata.
Cities Service Oil Company and Standard Accident Insurance Company filed general demurrers and general denials.
Clifton filed a controverting plea to the pleas filed by Price and Yancy. Issue was joined, evidence heard, and the trial court overruled the plea of res adjudicata filed by Price, but sustained the pleas of privilege urged by Price and Yancy, and ordered the...
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