Texas Supreme Court

Texas Highway Department, Petitioner v. Eldridge Jarrell, Respondent

July 19, 196710 Tex. Sup. Ct. J. 522

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that a plea of res judicata is a plea in bar, not a venue plea, and that venue may be contested only by a plea of privilege; because the Highway Department failed to file such a plea, it waived its right to contest venue and the judgment setting aside the settlement was proper.