Plea of Privilege Law & Legal Definition
Plea of Privilege is a plea that raises an objection to the venue of an action.
A statutory plea of privilege not controverted by setting up under oath the fact or facts relied upon to confer venue should be sustained and the venue changed, but stated where venue is fixed by statute, a formal plea of privilege tenders no issue of fact to be tried, in which case the plea is demurrable.[Cowan v. State, 356 S.W.2d 170, 174 (Tex. App. 1962)]
According to Tex. Rev. Civ. Stat. art. 2020, if the plea of privilege is sustained, the court shall order the venue to be changed to a proper court of the county having jurisdiction of the parties and the cause. The clerk shall make up a transcript of all orders made in the cause, certifying thereto officially under the seal of said court, and send it with the original papers in the cause to the clerk of the court to which the venue has been changed.[Texas-Louisiana Power Co. v. Wells, 121 Tex. 397 (Tex. 1932)]
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