Legal Opinion

Fleming v. Mattinson

Court of Appeals of Texas

Decided December 3, 1908PublishedCited by 10 opinions

Appeal from the District Court of Franklin County. Tried below before Hon. P. A. Turner.

1Opinion of the Court

WILLSON, Chief Justice.

— The suit was by appellant against appellees. ■ The appeal is from a judgment sustaining a general demurrer to appellant’s petition and dismissing his suit.

In his petition appellant alleged that he wrote and had printed in the Optic, a newspaper published in Mt. Yernon, a letter as follows:

“Lavada. I will again try to write to the dear old Optic but if I escape the waste basket I shall be surprised. Health good. T. L. Leak has been quite indisposed but is much improved. Farmers are somewhat behind owing to excessive rainfall.
“Have noticed several discussions pro and…

2Cases cited4 opinions

  1. Cranfill v. HaydenTexas Supreme Court · 1904
  2. Riley v. LeeCourt of Appeals of Kentucky · 1889
  3. McQueen v. FulghamTexas Supreme Court · 1864
  4. Hatt v. Evening News Ass'nMichigan Supreme Court · 1892

3Cited by10 opinions

  1. State Medical Ass'n of Texas v. Committee for Chiropractic Education, Inc.Court of Appeals of Texas · 1951
  2. Hibdon v. MoyerCourt of Appeals of Texas · 1917
  3. Baten v. Houston Oil Co.Court of Appeals of Texas · 1919
  4. Allen v. EarnestCourt of Appeals of Texas · 1912
  5. Lartigue v. Southern Mut. Ben. Ass'nCourt of Appeals of Texas · 1924

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