Jackson v. Cheatwood

Texas Supreme Court

Jackson v. Cheatwood

445 S.W.2d 513, 13 Tex. Sup. Ct. J. 17, 1969 Tex. LEXIS 314

CourtTexas Supreme Court

DecidedOctober 1, 1969

DocketB-1684

StatusPublished

Cited by33 cases

This text of 445 S.W.2d 513 (Jackson v. Cheatwood) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jackson v. Cheatwood, 445 S.W.2d 513, 13 Tex. Sup. Ct. J. 17, 1969 Tex. LEXIS 314 (Tex. 1969).

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Opinion

PER CURIAM.

The trial court granted defendant’s motion for summary judgment in this libel action, the proof establishing a qualified privilege of the defendant but standing silent as to the presence or absence of actual malice. On trial of the cause, it would be the burden of plaintiff to prove his allegation of actual malice. The Court of Civil Appeals has reversed the judgment and remanded the cause for trial, on the grounds that the defendant as movant had to negative the plaintiff’s cause of action. 442 S.W.2d 789. Since the defendant, though enjoying a conditional privilege, would be liable if actuated by malice, it must fall to him to establish the absence of malice on his motion for summary judgment.

We approve this holding of the Court of Civil Appeals but since its opinion passes on matters not brought to this Court, the application for writ of error is refused, no reversible error.

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PER CURIAM.

The trial court granted defendant’s motion for summary judgment in this libel action, the proof establishing a qualified privilege of the defendant but standing silent as to the presence or absence of actual malice. On trial of the cause, it would be the burden of plaintiff to prove his allegation of actual malice. The Court of Civil Appeals has reversed the judgment and remanded the cause for trial, on the grounds that the defendant as movant had to negative the plaintiff’s cause of action. 442 S.W.2d 789. Since the defendant, though enjoying a conditional privilege, would be liable if actuated by malice, it must fall to him to establish the absence of malice on his motion for summary judgment.

We approve this holding of the Court of Civil Appeals but since its opinion passes on matters not brought to this Court, the application for writ of error is refused, no reversible error.

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Bluebook (online)

445 S.W.2d 513, 13 Tex. Sup. Ct. J. 17, 1969 Tex. LEXIS 314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-cheatwood-tex-1969.

Opinion

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