Vert v. Norman

Opinion by

Judge Pryor:

The case of Williams v. Gordon, reported in 11 Bush 693, is conclusive of this case. We are aware of no elementary authority, and *578certainly no decision of this court can be found where it has been held that the allegation of malice, that is, that the words, or words of like import, were spoken maliciously, can be dispensed with upon the idea that malice is presumed from the false publication of the words. It is not even alleged in this petition that there was any false publication of the words, or that the words were spoken maliciously. The words may be false and…