American Fruit Growers, Inc. v. Sutherland

In this case the trial court sustained appel-lee’s general demurrer to appellants’ plea of privilege, and overruled said plea without hearing any evidence, as was done in the companion case of American Fruit Growers, Inc., v. Sutherland (Tex. Civ. App.) BO S.W.(2d) 898, and American Fruit Growers, Inc., v. Luttring (Tex. Civ. App.) 50 S.W.(2d) 901. The pleadings, pleas of privilege, controverting affidavits, and the procedure, orders, and judgments were alike in the three cases.

For the reasons given for reversal in the case first cited, the judgment in this case must be reversed and the cause…