Bricker v. Flatch

Satterthwaite, J.,

This is an action of trespass by which plaintiff, Glenn W. Bricker, seeks to recover damages from defendant, Frank F. Flatch, for an alleged libel. Defendant’s preliminary objections are twofold: A motion to strike off surplusage in both the caption and the complaint, and a demurrer.

The action was commenced, not by complaint, but rather by praecipe for a writ of summons, filed, in fact, only two days after the publication of the alleged libel. In the praecipe, plaintiff included in the caption of the case, after the name of defendant, the additional words: “individually and…