Gunsul v. Ray

This is an appeal from a judgment in favor of the defendant after an .order had been made sustaining a general demurrer to the complaint without leave to amend. The only questions involved on this appeal are: Was the language used by the defendant libelous? Was it privileged? If the privilege was qualified privilege, was malice properly alleged in the complaint in order to remove the privilege? If, so, the complaint stated a cause of action and the demurrer should have been overruled.

As regards these matters, the complaint alleged that the defendants, through evil motive and malice toward the…