Arizona Publishing Co. v. Harris
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the county of Maricopa. R. C. Stanford, Judge. STATEMENT OE PACTS BY THE COURT. The plaintiff (appellee) recovered a judgment for damages in the sum of six thousand dollars against the defendant (appellant) in an action for libel. The defendant appeals from the judgment and the order overruling a motion for a new trial.
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APPEAL from a judgment of the Superior Court of the county of Maricopa. R. C. Stanford, Judge. STATEMENT OE PACTS BY THE COURT. The plaintiff (appellee) recovered a judgment for damages in the sum of six thousand dollars against the defendant (appellant) in an action for libel. The defendant appeals from the judgment and the order overruling a motion for a new trial. The defendant owns and publishes a newspaper in the city of Phoenix of wide circulation in the state of Arizona, and other states in the Union, known as the “Arizona Republican. ’ ’ The charge made in the complaint is that the…
1Opinion of the CourtBaker, J.
(After Stating the Facts as Above). — The defendant contends that the complaint does not state facts sufficient to constitute a cause of action, and therefore it was error to overrule the demurrer. This claim is predicated upon the proposition that the publication was not libelous per se. For the purpose of determining the question, all matters well pleaded must be taken as admitted, and hence in this case it must be held that the demurrer admits that the plaintiff was the adjutant-general of the state, and that the statements contained in the published article with respect to him were false…
2Cases cited37 opinions
- Coleman v. MacLennanSupreme Court of Kansas · 1908
- Burt v. Advertiser Newspaper Co.Massachusetts Supreme Judicial Court · 1891
- Hamilton v. . EnoNew York Court of Appeals · 1880
- Johnson v. BrownWest Virginia Supreme Court · 1878
- Briggs v. GarrettSupreme Court of Pennsylvania · 1886
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3Cited by16 opinions
- Linthicum v. Nationwide Life InsuranceArizona Supreme Court · 1986
- McClinton v. RiceArizona Supreme Court · 1953
- Hansen v. StollCourt of Appeals of Arizona · 1981
- Gough v. Tribune-Journal CompanyIdaho Supreme Court · 1954
- Central Arizona Light & Power Co. v. AkersArizona Supreme Court · 1935
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