Boyle v. Stivers
Court of Appeals of Kentucky
Case 38 — Action tor Libel APPEAL PROM PAYETTE CIRCUIT COURT. Judgment por Plaintifp and Dependant Appeals. 1. Under the present Code, inconsistent pleas are not permitted, and therefore, but for sec. 124 the plea admitting the speaking of the words and justifying the publication because of the truth of the words spoken, would be inconsistent with the plea of mitigating circumstances.
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Case 38 — Action tor Libel APPEAL PROM PAYETTE CIRCUIT COURT. Judgment por Plaintifp and Dependant Appeals. 1. Under the present Code, inconsistent pleas are not permitted, and therefore, but for sec. 124 the plea admitting the speaking of the words and justifying the publication because of the truth of the words spoken, would be inconsistent with the plea of mitigating circumstances. But (1) the defendant may admit the speaking or printing of the words complained of, and plead justification, with mitigating circumstances, or (2) may admit the speaking of the words and plead privilege; or (3)…
1Opinion of the Court
OramoN op the couet by
JUDGE DuRELLE
Dismissing Appeal.
The appellee obtained a verdict and judgment against appellant for $850 damages, in an action of libel, upon the 1st day of December, 1897. A motion to dismiss the appeal has been made upon the ground that it was not taken at the term at which the judgment was rendered,— that is to say, not prayed within sixty days of the date at which the judgment became final; the Fayette Circuit Court being a court of continuous session. The bill of exceptions, in reference to the verdict, states as follows: *256“Which verdict was returned into court on…
2Cases cited3 opinions
- Imperial Fire Ins. v. KiernanCourt of Appeals of Kentucky · 1885
- Ruhrwein v. GebhartCourt of Appeals of Kentucky · 1890
- L. & N. R. R. Co. v. Board of Trustees of Elizabethtown District Public SchoolCourt of Appeals of Kentucky · 1899
3Cited by7 opinions
- Witt v. Lexington & Eastern Railway Co.Court of Appeals of Kentucky · 1914
- Hogge v. Anchor Motor Freight, Inc., of DelawareCourt of Appeals of Kentucky (pre-1976) · 1939
- Roberts Cotton Oil Co. v. Dodds & JohnstonCourt of Appeals of Kentucky · 1915
- Talbott v. TreacyCourt of Appeals of Kentucky (pre-1976) · 1926
- Sovereign Camp Woodmen of the World v. HornungCourt of Appeals of Kentucky · 1921
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