Standard Rice Co. v. Broussard

• Citation: 223 S.W. 323
• Decision Date: 22 April 1920
• Docket Number: (No. 7913.)
• Parties: STANDARD RICE CO. v. BROUSSARD et al.
• Court: Court of Appeals of Texas

223 S.W. 323

STANDARD RICE CO. v. BROUSSARD et al.

(No. 7913.)

Court of Civil Appeals of Texas. Galveston.

April 22, 1920.

Appeal from Chambers County Court; Joe F. Wilson, Judge.

Suit in justice court by J. A. Broussard against the Standard Rice Company and another, in which the Rice Company's plea of privilege was denied, and judgment rendered for plaintiff against the defendants, and also for defendant J. C. Jackson against the defendant Rice Company. On appeal to the county court, the plea of privilege was again overruled, and a like judgment again rendered, and the Rice Company alone appeals. Reversed and remanded, with instructions.

Andrews, Streetman, Logue & Mobley, E. J. Fountain, Jr., and S. J. Thomas, all of Houston, for appellant.

LANE, J.

This suit was instituted by appellee J. A. Broussard in the justice court of precinct No. 6 of Chambers county, against appellant Standard Rice Company and appellee J. C. Jackson, to recover the sum of $120.99. The rice company in due time filed and presented its plea of privilege to be sued in Harris county, the county of its residence, which was by the justice overruled, and upon a hearing upon the merits judgment was rendered in favor of Broussard against both the rice company and Jackson for the sum sued for, and judgment was also rendered in favor of Jackson over against the rice company for the same sum. The cause was carried by appeal to the county court of Chambers county, and, after said plea of privilege was again overruled, a like judgment as that rendered in the justice court was again rendered. The rice company alone has appealed, and it only has filed briefs in this court.

It is provided by rule 41 for the Courts of Civil Appeals (142 S. W. xiv) that—

"Whatever of the statement of the appellant * * * in his brief is not contested will be considered as acquiesced in."

We shall therefore accept the statement so made by appellant in this case. Blue v. Conner, 219 S. W. 533.

By appellant's first assignment it is insisted that the trial court erred in overruling appellant's plea of privilege. The assignment is sustained. It is shown that appellant filed and presented his plea of privilege in manner and form as required by law, and in due time, to the trial court. It is also shown that appellee filed his controverting affidavit as follows:

"Now comes the plaintiff and files this his controverting affidavit to the plea of privilege filed herein by the Standard Rice Company to remove the venue of this case to Harris county, Texas, and, being duly sworn, deposes and says: That this is a suit wherein there are defendants residing in different counties, to wit, that the defendant J. C. Jackson resides in Chambers county, Texas, and the defendant Standard Rice Company resides in Harris county, Texas; that it is a bona fide case against both of said parties, and plaintiff is entitled to sue in either of said counties. Plaintiff further says that this is a suit against the Standard Rice Company, a private corporation duly organized under the laws...