Express Printing Co. v. Copeland
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Geo. H. Noonan. On February 23, 1883, appellee brought this suit against appellant to recover damages for a libel; alleging that on the 7th day of January, 1883, he then being a candidate for the office of mayor of the city of San Antonio, which election was fixed for and did take place on the 8th day of January, appellant published in its newspaper, the “ San Antonio Express,” a false, wicked and malicious libel, with the…
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Appeal from Bexar. Tried below before the Hon. Geo. H. Noonan. On February 23, 1883, appellee brought this suit against appellant to recover damages for a libel; alleging that on the 7th day of January, 1883, he then being a candidate for the office of mayor of the city of San Antonio, which election was fixed for and did take place on the 8th day of January, appellant published in its newspaper, the “ San Antonio Express,” a false, wicked and malicious libel, with the intent and for the purpose of injuring him. The purported libel is as follows: “As Mr. Copeland is a candidate for mayor, and…
1Opinion of the Court
Watts, J. Com. App.
Elsewhere the rule seems well established that in this class of cases, where the defendant justifies by alleging *357the truth of the libelous matter, and fails to establish the truth of the plea, this may be considered as a circumstance tending to show malice. But our statute gives the defendant the right to plead, in his answer, as many several matters, whether of law or fact, as he may deem necessary to his defense, and which are pertinent to the cause; provided that he shall file them all at the same time and in the due order of pleading.
In Fowler v. Davenport, 21 Tex.,…
2Cases cited2 opinions
- Commonwealth v. ClapMassachusetts Supreme Judicial Court · 1808
- Fowler v. DavenportTexas Supreme Court · 1858
3Cited by27 opinions
- Coleman v. MacLennanSupreme Court of Kansas · 1908
- Silliman v. GanoTexas Supreme Court · 1897
- Snively v. Record Publishing Co.California Supreme Court · 1921
- Fitzjarrald v. Panhandle Publishing Co.Texas Supreme Court · 1950
- Bell Publshing Co. v. Garrett Engineering Co.Texas Supreme Court · 1943
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