Hott v. Yarborough

Mr. Presiding Judge McCLENDON

delivered the opinion of the Commission of Appeals, Section A.

This ease is presented upon certified questions from the Court of Civil Appeals.

Appellee, T. H. Yarbrough, sued appellant, S. J. Hott, in the district court of Montague County for libel, basing his action upon a letter written by appellee and addressed to “Hon. A. W. Ritchie, foreman of the grand jury.” It was contended by appellant that the letter was absolutely privileged, being a communication made in the due course of judicial proceedings and in the administration of the criminal law. The trial…