114 S.W.2d 596 | Tex. App. | 1938
R. E. McFall brought suit in Limestone county against Monte Oil Company, a corporation, and A. H. Richardson, Morris Richardson, and Alfred Richardson, to recover for certain services alleged to have been rendered by plaintiff for the defendants jointly in Limestone county. The defendants all filed pleas of privilege to have the case transferred to Dallas county, the county of their residence. Upon the hearing, evidence was introduced showing that the services in question were rendered by plaintiff for the Monte Oil Company alone in Limestone county, and there was no evidence showing that any of such services were performed in said county for either of the Richardsons. The trial court overruled the pleas of privilege, and the defendants appealed.
It is appellants' contention that appellee had the burden of proving a prima facie joint cause of action against the Monte Oil Company and the Richardsons for services rendered in Limestone county before venue could be retained against the Richardsons in that county. It is conceded that, since the Monte Oil Company is a corporation and the suit was against it for services rendered for it in Limestone county, the venue, as against said corporation, was properly laid in Limestone county. R.S. art. 1995, subd. 23. The Commission of Appeals, in the case of Stockyards National Bank v. Maples,
In the case at bar, the plaintiff alleged a joint cause of action against all the defendants. He proved a cause of action against the corporation, and, as against the corporation, he was entitled to maintain the suit in Limestone county, where it was filed. Under R.S. art. 1995, subd. 29a, plaintiff was entitled to join in said suit and to retain venue in said county as against all other necessary parties. All other parties against whom plaintiff had a joint cause of action were necessary parties. Commonwealth Bank Trust Co. v. Heid Bros.,
The rule announced in Stockyards National Bank v. Maples, supra, was applied in a case where the suit had been brought in the county of the residence of one of the defendants and venue was retained therein against the other defendants under R.S. art. 1995, subd. 4, but we see no reason why the same rule should not be applied as to all other necessary parties under subdivision 29a of the same article, so long as venue is properly fixed in such county against one of the defendants under any other section of article 1995. Empire Gas Fuel Co. v. State,
The judgment of the trial court is affirmed.