If it should be held that venue cannot be raised by special exception, such conclusion could not affect the decision of the Court of Civil Appeals in remanding this cause and ordering it transferred to the proper county, for the reason that the record shows that a plea of privilege was filed and acted on by the trial court. As the action of the court in overruling the plea of privilege and in overruling the special exception raising the point clearly appears from the record, no bill of exception was necessary to preserve the point and present it in the appellate court. Vernon Sayles' Statutes, Art. 2062; Withers v. Crenshaw, 155 S.W. 1189; Crowell School District v. Bank, 163 S.W. 339; Western Union Tel. Co., v. Forest, 157 S.W. 204; Gibson v. Pierce, 146 S.W. 983; Harbinson v. Cottle County, 147 S.W. 719; St. L.B. M.R. Co. v. Webber, 210 S.W. 677. When any informality exists in the manner of bringing the case in the Court of Civil Appeals, all parties are required to file their objections by motion within thirty days after the record is filed, and failure to do so would be deemed a waiver of such errors or defects that are not jurisdictional. Rule of Courts of Civil Appeals, 8, 9 and 22, 142 S.W., XI and XII; Tompkins v. Pendleton, 160 S.W. 290; McLane v. Haydon, 178 S.W. 1197; Crawford v. Wellington Ry. Committee, 174 S.W. 1004; Royal Ins. Co. v. Texas G. Ry., 116 S.W. 46; Railway v. Stoker, 102 Tex. 60; Railway v. Waggoner, 102 Tex. 260 [ 102 Tex. 260]; Martin v. Rutherford, 153 S.W. 156.
District court rule 53 (142 S.W. xxi); Jackson v. E. L. Rice Co. (Tex.Civ.App.) 295 S.W. 352; Daniel v. Daniel (Tex.Civ.App.) 128 S.W. 469; Ilseng v. Carter (Tex.Civ.App.) 158 S.W. 1163; King-Collie Co. v. Wichita Falls Warehouse Co. (Tex.Civ.App.) 105 S.W. 748; Withers v. Crenshaw (Tex.Civ.App.) 155 S.W. 1189; Southern Casualty Co. v. Morgan (Tex.Civ.App.) 299 S.W. 476; Alsabrook v. Bishop (Tex.Civ.App.) 295 S.W. 646. We doubt, however, if appellee's petition is sufficient to state a cause of action under either of the two theories mentioned. If so, an error of a fundamental nature is involved which requires our notice, even in the absence of an assignment.