Newton v. Dallas Morning News

WILLIAMS, Justice.

Action for libel. This appeal is from the judgment of the District Court sustaining appellee’s motion to dismiss appellants’ cause of action. We affirm that judgment.

Since the trial court disposed of this case by sustaining a motion to dismiss thereby holding that appellants’ petition failed to state a cause of action, we must test the propriety of this action in the same manner as previously done under the general demurrer practice and in so doing we must assume the truth of the allegations contained in the petition. Lone Star Gas Co. v. Murchison, Tex.Civ.App., 353 S.W.2d…