Legal Opinion

Fellman v. Dreyfous

Supreme Court of Louisiana

Decided May 20, 1895No. 11,789PublishedCited by 7 opinions

A PPEAL from the Oivil District Court for the Parish of Orleans. Theard, J. Any writing which bears on its face a charge, or tends to vilify another, or implies a want of honesty in another, is a libel. 94 Am. Dec. 456; 6 Ohio, 532; 9 Wis. 540; 13 R. I. 324; 3 Johns. 384; 7 C. and P. 680; 3 Salk, 236; 4 Mason, 115; 3 How. 266. An action may be maintained for written words, which, if spoken only, would not be actionable. Am. and Eng.

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A PPEAL from the Oivil District Court for the Parish of Orleans. Theard, J. Any writing which bears on its face a charge, or tends to vilify another, or implies a want of honesty in another, is a libel. 94 Am. Dec. 456; 6 Ohio, 532; 9 Wis. 540; 13 R. I. 324; 3 Johns. 384; 7 C. and P. 680; 3 Salk, 236; 4 Mason, 115; 3 How. 266. An action may be maintained for written words, which, if spoken only, would not be actionable. Am. and Eng. Ency., Vol. 13, pp. 294, 296, 298. A sealed letter, mailed to a third party, is a publication. 1 Spencer (N. J.) 208; 6 Cush. 71; 1 Camp, 215. In Louisiana,…

1Opinion of the Court

The opinion of the court was delivered by

McEnbry, J.

This is a suit in damages for libel, plaintiff claiming two thousand five hundred dollars, and this appeal is taken from a judgment maintaining an exception of no cause of action and dismissing plaintiff’s suit.

The pleadings in the case are as follows:

“To the Honorable Civil District Court for the parish of Orleans.
“The petition of Leopold Fellman, a resident of Galveston, inthe> State of Texas, respectfully represents:
*909“ That Felix J. Dreyfous, a resident of the city of New Orleans did, falsely and maliciously, slander your petitioner in a…

2Cited by7 opinions

  1. Edwards v. DerrickSupreme Court of Louisiana · 1939
  2. Fontenot v. FontenotSupreme Court of Louisiana · 1958
  3. Mundy v. Gentilly Oaks, Inc.Supreme Court of Louisiana · 1955
  4. Miller, Smith and Champagne v. Capital City PressLouisiana Court of Appeal · 1962
  5. Lazar v. GremillionLouisiana Court of Appeal · 1966

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