Carpenter v. Grimes Pass Placer Mining Co.
Idaho Supreme Court
APPEAL from tbe District Court of the Third Judicial District, iu and for the County of Ada. Hon. Fremont Wood, Judge. Action by plaintiff for libel. Judgment for defendant, and the plaintiff appealed.
Read the full summary
APPEAL from tbe District Court of the Third Judicial District, iu and for the County of Ada. Hon. Fremont Wood, Judge. Action by plaintiff for libel. Judgment for defendant, and the plaintiff appealed. Sec. 47 of the California code, prior to amendment of 1874, privileged publication made in judicial proceedings, yet in the case of Wilson v. Fitch, 41 Cal. 383, decided prior to such amendment, the court says: “In order to hold a person responsible for making any one of the above privileged communications, it is necessary to prove express malice, while the law will exempt a person from…
1Opinion of the CourtAilshie, J.
This is an action brought on an alleged libel consisting of a matter stated by the defendant in his pleading in another action. The plaintiff here sued the defendant in a former action to recover for service rendered, goods: furnished and cash advanced for the use and benefit of the defendant in. that action. The defendant in that action, which is also the defendant in this action, answered the plaintiff’s complaint, and at the same time, by way of further answer and counterclaim, alleged,- inter alia, as follows:
“And the said defendant further answering the complaint of the plaintiff and by…
2Cases cited7 opinions
- Rice v. CoolidgeMassachusetts Supreme Judicial Court · 1876
- McLaughlin v. CowleyMassachusetts Supreme Judicial Court · 1879
- Crockett v. McLanahanTennessee Supreme Court · 1902
- Shadden v. McElweeTennessee Supreme Court · 1887
- Sherwood v. PowellSupreme Court of Minnesota · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Taylor v. McNicholsIdaho Supreme Court · 2010
- Penick v. RatcliffeCourt of Appeals of Virginia · 1927
- Weitz v. GreenIdaho Supreme Court · 2010
- Richeson v. KesslerIdaho Supreme Court · 1953
- Bussewitz v. Wisconsin Teachers' Ass'nWisconsin Supreme Court · 1925
11 more not listed; retrieve them via the Exa API.