Dabney v. Russell

This cause comes into this court on error to the judgment of the Court of Common Pleas of Hamilton county. The parties will be referred to according to positions occupied by them in the trial court, which are the opposite of the positions held here.

The defendant, Wendall P. Dabney, was the publisher of a newspaper, and the action — which was one for libel — was based on an article contained in an issue of his paper dated the 21st day of May, 1931. In it, the defendant declared that the plaintiff, although he knew before his marriage that his wife was sterile, had, after living with her for…