Erie County Farmers' Ins. v. Crecelius

In the petition in this suit, the plaintiff Crecelius did not allege that the publication was contained in a pleading, and the defendant therefore answered stating that' the alleged defamatory matter was a part of an answer to a suit then pending, and that the matter contained in the answer was material and relevant to the issue. It did not sufficiently appear in the petition that the situation was such as to give rise to the privilege, and for this reason the case came on for trial. The statement of the case to the jury by counsel for Crecelius made it clear that a suit was pending upon an…