Victoria Bank & Trust Company v. Honorable W. E. Monteith

Summary

The Texas Supreme Court granted the petition for mandamus, holding that the Court of Civil Appeals erred on four points: (1) it did not conflict with precedent on the sufficiency of the controverting affidavit; (2) venue cannot be based on an unpleaded agency relationship; (3) venue cannot be based on a cause of action arising in the county unless the plaintiff pleads and proves that cause; and (4) no cause of action for conversion existed because the bank's actions were not wrongful.