[Download] "John Neal Kirksey Et Al. v. W. R. Warren Et Al." by Dallas Court of Civil Appeals of Texas " Book PDF Kindle ePub Free

July 06, 2021

eBook details

Title: John Neal Kirksey Et Al. v. W. R. Warren Et Al.
Author : Dallas Court of Civil Appeals of Texas
Release Date : January 09, 1961
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

This is a venue case. W. R. Warren, and his wife, Freda Warren, brought this suit against Elizabeth Mitchell and also against John Neal Kirksey and Richard Walker, for damages arising out of an automobile collision on the Dallas-Fort Worth Toll Road. Plaintiffs alleged various acts of negligence against each of the defendants, such negligence being alleged to have proximately caused the injuries to plaintiffs. The defendants John Neal Kirksey and Richard Walker filed their pleas of privilege to be sued in Tarrant County, the county of their residence. Plaintiff filed controverting affidavit in which it was contended that venue was proper in Dallas County by virtue of the exceptions under subd. 4 and subd. 29a, Art. 1995, V.A.C.S. Thereafter, the defendant Elizabeth Mitchell, who resided in Dallas County, filed her answer and also a cross-action against the defendants Kirksey and Walker. In this cross-action she alleged that it was the negligence of Kirksey and Walker that caused the calamity and should any recovery be made against her she wanted a judgment over and against the other defendants. Defendant Kirksey filed his plea of privilege as against Mitchells cross-action, seeking to be sued in Tarrant County. Defendant Mitchell filed a controverting plea in which she claimed that her cross-action was properly maintainable against Kirksey in Dallas County by virtue of subd. 4, Art. 1995, V.A.C.S. As to the cross-action brought by defendant Mitchell, the defendant Richard Walker was never served with citation and petition and that phase of the case was not before the trial court for consideration. The trial judge heard the testimony, without a jury, and overruled all pleas of privilege. From such judgment appellants Kirksey and Walker appeal complaining that there was no evidence, and in the alternative there was insufficient evidence, to support the judgment.