Pearson v. West

• Court: Texas Court of Appeals
• Writing for the Court: Neill
• Citation: Pearson v. West, 75 S.W. 334 (Tex. App. 1903)
• Decision Date: 03 June 1903
• Parties: PEARSON v. WEST.<SMALL><SUP>*</SUP></SMALL>

75 S.W. 334

PEARSON v. WEST.^*

Court of Civil Appeals of Texas.

June 3, 1903.

Appeal from District Court, Bexar County; S. J. Brooks, Judge.

Action by Annie M. Pearson against George West. From a judgment in favor of defendant, plaintiff appeals. Affirmed.

M. W. Davis, for appellant. Denman, Franklin & McGown and Proctors, for appellee.

NEILL, J.

On October 9, 1902, the appellant sued appellee in the district court of Bexar county to recover $10,000 damages for an assault alleged to have been committed by him upon her on the 14th day of August, 1902, in Live Oak county, Tex. The appellee pleaded in abatement that when the suit was instituted and process served on him he resided in Live Oak county, Tex., and had his domicile there, and not in the county of Bexar; that ever since the commencement of the suit he has resided in, and has had his domicile in, Live Oak county, where he still resides, and not in the county of Bexar, as alleged by plaintiff; that plaintiff's cause of action, if any she had, did not accrue in Bexar county, but is founded upon an assault which, if committed, was made in Live Oak county, and not in Bexar county, Tex. Wherefore he claimed the privilege of being sued in the county where he had his domicile. The issue raised by this plea was submitted to the court without a jury, and, upon hearing the testimony, it was adjudged that the plea be sustained, and the cause dismissed....