Stinson v. McCarthy

By JUDGE THOMAS J. MIDDLETON

This case came to be heard on defendant’s demurrer to plaintiff’s Motion for Judgment. The Motion for Judgment alleges as its sole count an actionable use of insulting words under Va. Code § 8.01*45. Defendant demurs to the Motion for Judgment on the grounds that it fails to state a claim upon which relief can be granted. Because the Motion for Judgment sufficiently states a cause of action under the insulting words statute, the demurrer is overruled.

In support of his demurrer, defendant states three grounds: (1) that the statements were protected as statements of…