Yarborough v. Tate
Texas Supreme Court
Appeal from Nacogdoches. Suit by the appellant against the appellee, for slander; words charged, “You are a damned old cow thief.” The plaintiff proved that in January, 1853, at the house of a Justice of the Peace, in said county, where more than twenty persons were assembled, the plaintiff being in custody (on what charge did not appear) but being allowed to go at large, the defendant called him, the plaintiff, a damned old cow thief, as alleged in the petition.
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Appeal from Nacogdoches. Suit by the appellant against the appellee, for slander; words charged, “You are a damned old cow thief.” The plaintiff proved that in January, 1853, at the house of a Justice of the Peace, in said county, where more than twenty persons were assembled, the plaintiff being in custody (on what charge did not appear) but being allowed to go at large, the defendant called him, the plaintiff, a damned old cow thief, as alleged in the petition. It was on Court day. The defendant had had a fight same day; was excited with liquor and appeared to be very angry when he uttered…
1Opinion of the CourtWheeler, J.
It is a general rule, that an action is maintainable in respect of every wrong or privation of a legal right. Every man has a clear and indisputable legal right to bo secure, not only in the enjoyment of his life, liberty and property, but also in his reputation and good name; and for every invasion of this right, he has a legal claim to redress, by a civil action. He has a right to be protected from defamation of his character; which rests upon as solid a foundation, as his right to be protected in his person and his property. The law enforces this right, by giving a right of action for…
2Cited by4 opinions
- Billington v. Houston Fire & Casualty Ins. Co.Court of Appeals of Texas · 1950
- Irwin v. CookTexas Supreme Court · 1859
- Cox v. HarveyTexas Commission of Appeals · 1880
- McGaughey v. MeekTexas Commission of Appeals · 1881