Skluzacek v. Wilby

Julius J. Olson, Justice.

Plaintiff, claiming to have been damaged in his reputation and business by the publication of a libelous article, brought action against defendant Wilby, writer and composer, and The Journal Publishing Company, publisher thereof. Defendants answered separately. We are concerned only with defendant .Wilby, as this appeal is limited to the single issue of whether a counterclaim pleaded by him (there were two counterclaims, but only one is here, the other having been abandoned) may be interposed. Hereafter Ave shall refer to him as the defendant. Plaintiff’s cause rests…