Morrison v. Dean

• Decision Date: 22 June 1907
• Citation: 104 S.W. 505
• Parties: MORRISON v. DEAN et al.
• Court: Texas Court of Appeals

104 S.W. 505

MORRISON v. DEAN et al.

Court of Civil Appeals of Texas.

June 22, 1907.

Rehearing Denied October 12, 1907.

Appeal from District Court, Red River County; Ben. H. Denton, Judge.

Action for libel by George Morrison against G. B. Dean and another. From a judgment for defendants, plaintiff appeals. Affirmed.

Hart, Mahaffey & Thomas, for appellant. Lennox & Lennox and Chambers & Chambers, for appellees.

RAINEY, C. J.

This is an action for libel brought by appellant against appellees. Demurrers were sustained to the petition, and, the plaintiff refusing to amend, the cause was dismissed, and judgment rendered for defendants, from which judgment this appeal is taken.

The petition alleges that in July, 1906, plaintiff, George Morrison, was a candidate for the Democratic nomination for the office of county judge of Red River county, Tex.; the said nomination to be made at the primary election to be held throughout said county on July 28, 1906. That said G. B. Dean on the 17th day of July, 1906, with intent to prejudice, degrade, and injure plaintiff in his good name, fame, credit, and reputation, and to hold up and expose him to public infamy, disgrace, contempt, and hatred, did falsely, maliciously, and scandalously write and publish a certain letter, as follows: "Detroit, Texas, July 17, 1906. Mr. P. W. Stovall, Annona, Texas—Dear Sir and Bro.: I venture the privilege of writing you in the interest of the political situation of our county (meaning thereby the prospects of the several candidates for the office of county judge of Red River county, Tex., at the said primary election of July 28th). After a careful and minute examination of affairs, I find that without concert of action on the part of the better people of the county that George Morrison will be our next county judge (meaning that this plaintiff would be the nominee of the Democratic party at said primary election for the office of county judge of Red River county, Tex., and would be elected at the November election following), and, as you know, this would mean the doom of our Prohibition and Temperance cause (meaning thereby that the law prohibiting sale of intoxicating liquors in Red River county, Tex., known as the local option law, which was then and there in force in Red River county, Tex., would, if this plaintiff were elected county judge, not be enforced against those violating the same), and would leave us almost at the mercy of the Blind Tiger, Thugs, Bootleggers & Co. (meaning thereby, and intending to say, that this plaintiff was corrupt and dishonest, and that he was a man who, if elected, would violate his oath of office and would be guilty of malfeasance and corruption in the office of county judge of Red River county, Tex., and that he would, in the discharge of the duties of such office, wrongfully and corruptly fail and refuse to obey or administer the law against persons who might be charged with offenses against the said local option law then in force in said Red River county, and would be guilty of corruption in connection with such persons, and would encourage them in the violation of such, and protect them from punishment). And after closely examining into the state of...