Davis v. News Syndicate Co.

The defendants admit the publication of the article alleged to be libelous.

The answer contains the following separate defenses which the plaintiff moves to strike out as irrelevant, redundant, scandalous and evidentiary: (1) Justification; (2) privilege; (3) fair comment; (4) partial justification; and (5) mitigation of damages.

*674The sufficiency of the defenses is not challenged. The criticism-is that they are not plain and concise, but are repetitious and evidentiary and in some respects irrelevant — in a word, the pleading is attacked for alleged non-compliance with section 241 of the Civil…