Legal Opinion

Patton v. Cruce

Supreme Court of Arkansas

Decided May 7, 1904PublishedCited by 4 opinions

Appeal from Conway Circuit Court. Wm. L. Moose, Judge. statement by the court. The plaintiff, John Patton, and the defendant, C. E. Cruce, live in the town of Morrilton. The defendant is the editor of a weekly newspaper, the Morrilton Democrat, published in that town. In the fall of 1899 there was published in this paper the following aphorism, towit: “A person never makes anything by deserting his friends and lying down with his enemies.”

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Appeal from Conway Circuit Court. Wm. L. Moose, Judge. statement by the court. The plaintiff, John Patton, and the defendant, C. E. Cruce, live in the town of Morrilton. The defendant is the editor of a weekly newspaper, the Morrilton Democrat, published in that town. In the fall of 1899 there was published in this paper the following aphorism, towit: “A person never makes anything by deserting his friends and lying down with his enemies.” The plaintiff, Patton, on account of some disagreement he had with Cruce, understood this as having reference to him. And he had published in the…

1Opinion of the CourtRiddick, J.

(after stating the facts). This is an action for libel, brought by John Patton against C. E. Cruce to recover damages on account of certain publications made by defendant, and which the plaintiff alleges were libelous. The defense set up by defendant against this action of the plaintiff was that the publications complained of were made in response to publications against him made by defendant, that the publications by plaintiff were made necessary by the attacks of the defendant, and went no further than was required in order to make a full and fair reply to those publications.

The presiding…

2Cases cited1 opinion

  1. Brewer v. ChaseMichigan Supreme Court · 1899

3Cited by4 opinions

  1. Jenkins v. TaylorCourt of Appeals of Texas · 1928
  2. Jones v. ClintonDistrict Court, E.D. Arkansas · 1997
  3. Simonson v. LovewellSupreme Court of Arkansas · 1915
  4. West Memphis News, Inc. v. BondSupreme Court of Arkansas · 1947

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