Rood v. Dutcher
South Dakota Supreme Court
Appeal from Circuit Court, Brookings County. Hon. J. H. McCoy, Judge. Libel action by O. W. Rood against Paul Dutcher and others. From a judgment for defendants and an order denying a new trial, plaintiff appeals. The defense of privileged communication, in actions of libel, is a new matter and must be specially pleaded. Bliss on Code Pleading, Sec. 361. In regard to the justification that the publication was privileged, the code has made no change.
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Appeal from Circuit Court, Brookings County. Hon. J. H. McCoy, Judge. Libel action by O. W. Rood against Paul Dutcher and others. From a judgment for defendants and an order denying a new trial, plaintiff appeals. The defense of privileged communication, in actions of libel, is a new matter and must be specially pleaded. Bliss on Code Pleading, Sec. 361. In regard to the justification that the publication was privileged, the code has made no change. The facts that will thus shield the defendant are, as they always were, new matter to be pleaded. 13 Enc. Pleading & Practice 88; Sec. 4; Fresh…
1Opinion of the CourtHaney, P. J.
So' far as material to the questions demanding-attention on this appeal, the pleadings are to this effect: Plaintiff alleged that he was a licensed physician and surgeon residing in the city of Brookings, Brookings county, extensively engaged in the practice of his profession in the counties of Brookings, Hamlin, and Kingsbury, his practice being especial^ directed to diseases of the eye and ear; that defendants were the proprietors, editors, .and publishers of a weekly newspaper, published at the city of Brook-ings, and that they maliciously, with intent to- injure the plaintiff,…
2Cases cited5 opinions
- Myers v. LongstaffSouth Dakota Supreme Court · 1900
- Ross v. WardSouth Dakota Supreme Court · 1901
- Boucher v. Clark Publishing Co.South Dakota Supreme Court · 1900
- Peart v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1896
- Peart v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1896
3Cited by5 opinions
- Sparagon v. Native American Publishers, Inc.South Dakota Supreme Court · 1996
- Egan v. DotsonSouth Dakota Supreme Court · 1915
- Williams v. BlackSouth Dakota Supreme Court · 1910
- Sparagon v. Native American Publishers, Inc.South Dakota Supreme Court · 1996
- Sparagon v. Native American Publishers, Inc.South Dakota Supreme Court · 1996