80 S.W.2d 459 | Tex. App. | 1935
This suit was filed in Kaufman county. All of the defendants except Prothro filed pleas claiming the right to be sued in Gregg county. In December, 1931, the pleas of privilege were overruled, from which .order an appeal was prosecuted to the Court :of Civil Appeals at Dallas. At a subsequent térifi' of the district court of Kaufman county the case was tried upon its merits, resulting in judgment in favor of the plaintiffs, from which judgment the defendants prosecuted an appeal to the Dallas Court of Civil Appeals. Thereafter "*he ;'last-méiitioné'd: appeal was transíerréá 'to''this court by an: equalization'
This appeal is from the final judgment up-ofi the merits. The merits were not rightfully before the lower court for determination, and for this reason they are not properly before this court for decision. Slaughter Co. v. Slaughter, supra.
For the error of the court in assuming jurisdiction to try the case upon its merits the judgment will be reversed and the cause remanded, to the end that the case may be tried, upon its merits in .Gregg county, to which county the venue has been ordered changed by the Dallas Court of Civil Appeals, as heretofore stated,
Reversed .and remanded.