Hanson v. Krehbiel

*671The opinion of the court was delivered by

Cunningham, J. :

Plaintiff’s action was for the recovery of damages occasioned by the publication of an alleged libel. The question of greatest moment involved is the constitutional validity of chapter 249, Laws of 1901 (Gen. Stat. 1901', ch. 576), which reads as follows:

“Section 1. That before any civil action shall be brought for the publication or circulation of a libel in any newspaper in this state, the plaintiff shall, at least three days before filing the petition in such action, serve notice on the publisher or publishers of such newspaper, at…