Houston & Texas Central Railroad v. A. G. Graves & Co.

Citations

• 50 Tex. 181

Syllabus

<p>1. Plea in abatement.—A plea iu abatement not questioning the jurisdiction over the subject-matter, but raising a personal privilege of defendant as to the venue, should aver fully not only what is necessary to be answered, but anticipate and exclude all such supposable matter as would, if alleged on the opposite side, defeat the plea.</p> <p>2. Venue in suits against corporations.—The act of the 14th Legislature, chap. 31, taking effect March 21,1874, prescribes the rule as to venue, and which is the law, as follows: ‘ ‘ Hereafter any public or private corporation, including railroad companies, * * * may be sued in any court in this State having jurisdiction of the subject-matter, and in any county where the cause of action, or any part thereof, accrued.”</p> <p>3. Same—Act of Legislature touching the remedy.—Said act applied to an action pending when enacted, the plaintiff, by amendment subsequent to its enactment, having set up facts coming within its provisions.</p> <p>4. Pleading.—A petition is not subject to exception as multifarious, where the matters relied on for recovery in the petition are connected with or grow out of the same cause of action, or transaction, and subject-matter of dispute.</p> <p>5. Same.—See causes of action not improperly joined in one suit.</p>