Guisti v. Galveston Tribune
Texas Supreme Court
Error to the Court of Civil Appeals, First District, in an appeal from Galveston County. Pietrina Guisti sued the Galveston Tribune for libel and recovered judgment. On defendant’s appeal, this was reversed and judgment rendered in its favor. Appellee, plaintiff, then obtained writ of error.
1Opinion of the Court 1
*501ON MOTION BOB BEHEABING.
Even if it be conceded that the Supreme Court is correct in reversing the judgment of the Court of Civil Appeals upon the general demurrer, it was and is without jurisdiction to affirm the judgment of the trial court, for the reason that in so doing it has and necessarily must have passed upon questions of fact raised by defendant in the record, which the Supreme Court has repeatedly held that, under the Constitution and Laws of the State of Texas, it is without jurisdiction to do. Constitution of Texas, art. 5, secs. 3 and 6; Rev. Stats., 1911, arts 1521, 1590;…
Also in this document: Opinion of the Court · Dibbell.
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