Burke v. Ryan

The opinion of the Court was delivered by

BeRMüdez, C. J.

This is an action in damages for an alleged libel, as uttered and published by the defendants in an affidavit voluntarily made by them and filed in a criminal proceeding in which they were not connected, charging that the reputation of plaintiff for truth and veracity among the people who know him is bad, and that they would not believe him under oath.

The defendants filed several exceptions to the petition, and after the same had been overruled they answered, admitting the making of the affidavit, averring that they were justified in…