Blucher v. Milsted

Citations

• 31 Tex. 621

Syllabus

<p>The 1st section of the act of 1846, to regulate proceedings in the district court, declares that “no person who is an inhabitant of this state shall he sued out of the county where he has his domicil,” with eleven exceptions. (Paschal’s Dig., Art. 1423, Note 533.)</p> <p>Where it was clearly proved that the defendant’s domicil was in the county of N. and he was sued in the county of 0., the fact that he did business in the county of 0. did not give jurisdiction, and the plea should have been sustained.</p> <p>Where the facts were all submitted to the judge, who erroneously found the plea to the jurisdiction against the defendant, the court reversed and reformed the judgment.</p>