Court of Civil Appeals of Texas, 1957

Green v. Wimer

Green v. Wimer
Court of Civil Appeals of Texas · Decided June 12, 1957 · Pope
304 S.W.2d 147; 1957 Tex. App. LEXIS 1917 (South Western Reporter, Second Series)

Green v. Wimer

Opinion of the Court

POPE, Justice.

L. A. Wimer sued William Olan Green for personal injuries and defendant, using that name, filed a plea of privilege. Green appeals on the single point that the plaintiff failed to identify him as the defendant who drove the car which struck plaintiff. Defendant’s argument is that some of the plaintiff’s proof on the venue hearing was that the defendant was Olan W. Green, rather than William Olan Green. Plaintiff testified that he knew the defendant who struck him, that his true name was William Olan Green, but that he sometimes used the name of Olan W. Green. Identity was established, as found by the trial court.

The judgment is affirmed.

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