Court of Appeals of Texas October 29, 1959, No. 3685 (McDonald v. Finley)

WILSON, Justice.

This is an appeal by defendant from an order sustaining his own plea of privilege. Plaintiff filed suit in Henderson County against defendant, a resident of Smith County, for damages resulting from an automobile collision occurring “near Spring, Texas” in a county not named in the petition. Defendant’s plea of privilege in prescribed form alleged his residence in Smith County.