Legal Opinion

Sibley v. Lay

Supreme Court of Louisiana

Decided October 15, 1892No. 344PublishedCited by 10 opinions

PPEAL from the Second District Oourt, Parish of Bossier. Watkins, J. On tide Hekits. 1. The only defences to slander are a denial, justification or confession. 3 An. 69; 6 An. 779; 14 An. 198, 406; 15 An. 166; 36 An. 469 ; 38 An. 161. 2. There is no such thing- as half-way justification; hence, justification and denial are inconsistent.

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PPEAL from the Second District Oourt, Parish of Bossier. Watkins, J. On tide Hekits. 1. The only defences to slander are a denial, justification or confession. 3 An. 69; 6 An. 779; 14 An. 198, 406; 15 An. 166; 36 An. 469 ; 38 An. 161. 2. There is no such thing- as half-way justification; hence, justification and denial are inconsistent. Townsend’s Libel and Slander, par. 212 and note; 38 An. 161; 10 An. 231; 28 An. 238. 3. The only defence in this case is justification, and the burden of proof is all upon the defence to show exoneration from liability. 34 An. 1265; 36 An. 467 ; 38 An. 161. To…

1Opinion of the Court

The opinion of the court was delivered by

McEnery, J.

This is a suit for damages for defamation of character. The plaintiff alleges in his petition “that J. P. Lay,being instigated by malice against petitioner and in wanton disregard of all social duty, and with the view to defame petitioner and to bring him into disrepute and dishonor, did falsely, maliciously and publicly, at divers times and to divers persons, accuse your petitioner of being implicated in breaking and entering, on or about April 30, 1889, the store house of the said Lay at Borden Station, in the parish of Bossier, with…

2Cited by10 opinions

  1. Covington v. RobersonSupreme Court of Louisiana · 1903
  2. New Orleans Land Co. v. SlatterySupreme Court of Louisiana · 1919
  3. Hurwitz v. LotzSupreme Court of Louisiana · 1931
  4. Morgan v. Illinois Cent. R.Supreme Court of Louisiana · 1906
  5. Gilliland v. Feibleman's, Inc.Supreme Court of Louisiana · 1926

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