33 S.W.2d 197 | Tex. App. | 1930
Appellee, by a next friend, filed this suit in Limestone county against appellant, an unincorporated local mutual aid association, to recover upon a certificate of membership issued by appellant. In due time appellant filed its plea of privilege to be sued in Falls county, the county of its residence and domicile. Appellee, in due time, filed his controverting plea. On a hearing of such plea and controverting affidavit the court overruled appellant's plea of privilege, from which action of the trial court appellant has duly appealed and presents the record here for review.
Under its first and fifth propositions, appellant contends, in effect, that it being a local mutual aid association, unincorporated and organized under article 4859, Revised Statutes of 1925, article 1995, sec.
Under its third proposition, appellant contends, in effect, that, as it had no agent or representative in Limestone county within the meaning of article 1995, section
The trial court was correct in overruling appellant's plea of privilege.
*199The judgment is affirmed.