Legal Opinion

Houston Chronicle Pub. Co. v. McDavid

Court of Appeals of Texas

Decided April 2, 1913PublishedCited by 9 opinions

Appeal from District Court, Bastrop County ; Ed R. Sinks, Judge. Action by Dock McDavid against the Houston Chronicle Publishing Company. From a judgment for plaintiff, defendant appeals. This is a suit for damages, compensatory and punitory, by reason of the publication of an answer in a divorce suit filed by the daughter of appellee in Houston.

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Appeal from District Court, Bastrop County ; Ed R. Sinks, Judge. Action by Dock McDavid against the Houston Chronicle Publishing Company. From a judgment for plaintiff, defendant appeals. This is a suit for damages, compensatory and punitory, by reason of the publication of an answer in a divorce suit filed by the daughter of appellee in Houston. The ap-pellee and his wife reside in Bastrop county, and were unknown to the appellant at the time of such publication in the Houston Chronicle, a paper of extensive circulation throughout this state, including Bastrop county. Said answer will be…

1Opinion of the CourtJenkins, J.

(after stating the facts as above). 1. On the former appeal of this case we held, in substance, the publication was privileged; that it was libelous as defined by our statute; and that the second article was admissible in evidence as tending to identify the appellee and his wife as being the parties referred to in the first article. We adhere to these holdings, which dispose of appellant’s first, second, third, and sixth assignments of error.

[1] 2. The definition of libel as contained in our statute (Acts 27th Leg. c. 26), is not essentially different from that of a libel per se at common…

2Cases cited8 opinions

  1. White v. NichollsSupreme Court of the United States · 1845
  2. Bradstreet Co. v. GillTexas Supreme Court · 1888
  3. McCoy v. StateTexas Supreme Court · 1860
  4. Receiver v. CookTexas Supreme Court · 1894
  5. Cranfill v. HaydenTexas Supreme Court · 1904

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Wal-Mart Stores, Inc. v. Odem, Texas Court of Appeals, 4th District (San Antonio)1996
  2. Trinity & B. v. Ry. Co. v. GearyCourt of Appeals of Texas · 1917
  3. Arizona Publishing Co. v. HarrisArizona Supreme Court · 1919
  4. Houston Chronicle Pub. Co. v. McDavidCourt of Appeals of Texas · 1914
  5. Houston Chronicle Pub. Co. v. WegnerCourt of Appeals of Texas · 1915

4 more not listed; retrieve them via the Exa API.

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