General Motors Acceptance Corporation v. Howard

DANIEL, Justice.

This appeal involves venue questions in a libel suit filed in the county of plaintiffs’ residence under Subdivision 29 of Article 1995. 1 The principal question is whether plaintiffs, in making prima facie proof of the accrual of the cause of action, were required on the plea of privilege hearing to meet and negate an affirmative defense that the defamatory publication was conditionally privileged. The trial court made no such requirement in overruling the plea of privilege, and the Court of Civil Appeals affirmed. 474 S.W.2d 929. We affirm.

Hugh Howard and Howard Motor…