Wallace v. Meriwether

427 S.W.2d 107, 1968 Tex. App. LEXIS 2458
CourtCourt of Appeals of Texas
DecidedMarch 28, 1968
DocketNo. 4702
StatusPublished

This text of 427 S.W.2d 107 (Wallace v. Meriwether) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wallace v. Meriwether, 427 S.W.2d 107, 1968 Tex. App. LEXIS 2458 (Tex. Ct. App. 1968).

Opinion

OPINION

TIREY, Justice.

Mr. Wallace has perfected his appeal from an order entered in the District Court of Corpus Christi, Texas, which order sustained the Plea of Privilege of Mr. Meri-wether to be sued in Travis County, the county of his residence.

Point 1 is: “Exception 29 of Article 1995 V.A.C.S. is applicable to this libel case, and the trial court erred in sustaining Appellee’s Plea of Privilege, and ordering transfer to Travis County.” (No other error is assigned).

Appellant in his brief says, among other things: “ * * * that since this is an action for libel, and appellant is a resident of Nueces County, Texas, said suit is properly brought in said county within the meaning of Exception 29 of Article 1995 V.A.C.S., and that appellee ‘published or caused to be published or participated in the publication of the libelous matter made the basis of this suit’, same also being published and circulated in Nueces County, Texas.” We quote Exception 29 of Article 1995 V.A.C.S.:

“29 Libel or slander. — A suit for damages for libel or slander shall be brought, and can only be maintained, in the county in which the plaintiff resided at the time of the accrual of the cause of action, or in the county where the defendant resided at the time of filing suit, or in the county of the residence of defendants, or any of them, or the domicile of any corporate defendant, at the election of the plaintiff.”

We also quote Article 5430 V.A.C.S., which defines libel:

“A libel is a defamation expressed in printing or writing, or by signs and pictures, or drawings tending to blacken the memory of the dead, or tending to injure the reputation of one who is alive, and thereby expose him to public hatred, contempt or ridicule, or financial injury, or to impeach the honesty, integrity, or virtue, or reputation of any one, or to publish the natural defects of any one and thereby expose such person to public hatred, ridicule, or financial injury. Acts 1901, p. 30.”

Appellant attached a copy of the matter which he alleged was libelous to his First Amended Original Petition. It is Exhibit “A”. We quote the Article complained of:

“REWARD
“We are desirous of determining the complete extent of the Numismatic collection of W. F. Wallace, Sr., of Corpus Christi, Texas, and all purchases made by him.
“A SUBSTANTIAL REWARD based on the quantity and quality of items involved and information submitted will be paid to each dealer or collector furnishing specific information as to items purchased, dates and other pertinent data or place of safekeeping (in case of duplica-[109]*109cation of information on items, information first dispatched will be paid the REWARD).
“In addition, those dealers who furnish information leading to the most substantial amount of recoveries in EACH RESPECTIVE CATEGORY of the three main divisions of coins, currency and medals will be afforded the opportunity to handle disposals of that category.
“All replies should be by registered mail, with the Post Office noting the exact time of deposit on both envelope and receipt, addressed to:
Mr. George Merriwether, III
Vice-President & Senior Trust Officer
Austin National Bank
Austin, Texas.”

He also attached Exhibit “B”:

“Law Offices
MAHONEY, SHAFFER & HATCH
Parkdale Professional Bldg. - 4411 Gollihar
Corpus Christi, Texas
78411
May 13, 1966
“Lee Mahoney P. O. Box 6369
George Shaffer Telephone UL 2-8207
Richard J. Hatch Area Code 512
“REWARD
“We are desirous of determining the complete extent of the Numismatic collection of W. F. Wallace, Sr., of Corpus Christi, Texas and all purchases made by him.
“A SUBSTANTIAL REWARD based on the quantity and quality of items involved and information submitted will be paid to each dealer furnishing specific information as to items purchased, dates and other pertinent data.
“(In case of duplication of information on items, information first dispatched will be paid the REWARD).
“In addition, those dealers who furnish information leading to the most substantial amount of recoveries in each respective category of the three main dividisons of coins, currency and medals will be afforded the opportunity to handle disposals of that category.
“All replies should be by registered mail, with the Post Office noting the exact time of deposit on both envelope and receipt, addressed to:
Mr. George Merriwether, III
Vice-President & Senior Trust Officer
Austin National Bank
Austin, Texas
Very truly yours,
(Sgd.) Lee Mahoney.”

[110]*110It was stipulated that Exhibit “A” appeared in the issue Numismatic News dated June 20, 1966, and that Exhibit “B” appeared in the same publication dated July 4, 1966.

Exhibit “C” is quoted, and it stipulated that it was published in the same magazine dated July 25, 1966:

“Law Offices
MAHONEY, SHAFFER & HATCH
Parkdale Professional Bldg. - 4411 Gollihar
Corpus Christi, Texas
78411
“Lee Mahoney P. O. Box 6369
George Shaffer Telephone UL 2-8207
Richard J. Hatch Area Code 512
“REWARD
“We are desirous of determining the complete extent of the Numismatic collection of W. F. Wallace, Sr., of Corpus Christi, Texas and all purchases made by him.
“A SUBSTANTIAL REWARD based on the quantity and quality of items involved and information submitted will be paid to each dealer or collector furnishing specific information as to items purchased, dates and other pertinent data or place of safekeeping (in case of duplication of information on items, information first dispatched will be paid the REWARD).
“In addition, those dealers who furnish information leading to the most substantial amount of recoveries in each respective category of the three main divisions of coins, currency and medals will be afforded the opportunity to handle disposals of that category.
“All replies should be by registered mail, with the Post Office noting the exact time of deposit on both envelope and receipt, addressed to:
Mr. George Merriwether, III
Vice-President & Senior Trust Officer

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Bluebook (online)
427 S.W.2d 107, 1968 Tex. App. LEXIS 2458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-meriwether-texapp-1968.