Mauney v. Millar
Supreme Court of Arkansas
Appeal from Pike Circuit Court; Geo. R. Hayme, Special Judge; The court erred in sustaining the demurrer. The communication was not privileged; the charge was libelous; was published with malice and was false. Const. 1874, art. 2, § 6; Kirby’s Digest, § 1850. The demurrer admits all the allegations of the complaint. 42 La.
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Appeal from Pike Circuit Court; Geo. R. Hayme, Special Judge; The court erred in sustaining the demurrer. The communication was not privileged; the charge was libelous; was published with malice and was false. Const. 1874, art. 2, § 6; Kirby’s Digest, § 1850. The demurrer admits all the allegations of the complaint. 42 La. Ann. 955. The language was slanderous per se. 1 Bibb (Ky.) 593; 90 Ark. 117-125. It is libelous to charge one with arson. 86 Ark. 56; 90 Id. 121; 55 Id. 501; 1 Marv. (Del.) 408. The matter was not privileged. 83 Fed. 803 ; 3 How. (II. S.) 2i89; 61 Minn. 479; 100 Mo. 412; 42…
1Opinion of the CourtMcCulloch, C. J.
This is an action to- recover damages for libel, alleged to have been published by appellee in an answer and cross-complaint filed by him in a certain action instituted by appellants in the chancery court of Pike County to cancel a contract for the lease of certain lands to be used in the operation of a diamond mine. The complaint in the present action sets forth all of the pleadings in the proceedings in which the alleged libelous matter was published, and the particular matter charged to be libelous was set forth as one of the allegations of appellee’s cross-complaint as follows:
“On the…
2Cases cited5 opinions
- Myers v. HodgesSupreme Court of Florida · 1907
- Abbott v. National Bank of CommerceWashington Supreme Court · 1899
- Gardemal v. McWilliamsSupreme Court of Louisiana · 1891
- Gaines v. Aetna InsuranceCourt of Appeals of Kentucky · 1898
- McGehee v. Insurance Co. of North AmericaCourt of Appeals for the Fifth Circuit · 1902
3Cited by12 opinions
- DeLaurentis v. City of New HavenSupreme Court of Connecticut · 1991
- Routh Wrecker Service, Inc. v. WashingtonSupreme Court of Arkansas · 1998
- M. C. Mock v. Chicago, Rock Island and Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 1972
- Selby v. BurgessSupreme Court of Arkansas · 1986
- Johnson v. DoverSupreme Court of Arkansas · 1940
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