Morrison v. Smith

This is a motion for a preference upon the ground that the action is for libel. As the complaint contains no statement of falsity or malice, the defendants question it as for libel. In my opinion it is not necessary to plead either falsity or malice in an- action for libel. Falsity and malice are both presumed from the publication of defamatory matter. Falsity need not be alleged, as truth is a defense and cannot be shown unless pleaded. To say that a defendant maliciously published (aside from any. claim of what is generally called actual malice) is merely to assert that he published without…