Nance v. Flaugh

This is a complaint for libel, upon which the jury fixed the plaintiff’s damages at $1,500. For reversal the defendant contends (a) that the court should have quashed the service of summons and (b) that the court erred in entering a default judgment on the issue of liability, leaving to the jury only the assessment of damages.

The original complaint alleged that the defendant had written a letter to the plaintiff’s wife in which the defendant had quoted the plaintiff’s son as having stated that the plaintiff had committed specified immoral acts; that these statements were false; etc. To this…