Ritschy v. Garrels
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) Every man lias a right to defend his character against false aspersion; communications made in' fair self-defense are therefore privileged. Odgers on Libel and Slander (5 Ed.), pp. 291-292; Laughton v. Sodor and Man, L. R. 4 P. C. 495, 504; O’Donoghue v. Hussey, Ir. R. 5 C. L. 124; Brewer v. Chase, 121 Mich. 526, 46 L. R. A.. 397; Pish v. Printing & Publishing Co., 102 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) Every man lias a right to defend his character against false aspersion; communications made in' fair self-defense are therefore privileged. Odgers on Libel and Slander (5 Ed.), pp. 291-292; Laughton v. Sodor and Man, L. R. 4 P. C. 495, 504; O’Donoghue v. Hussey, Ir. R. 5 C. L. 124; Brewer v. Chase, 121 Mich. 526, 46 L. R. A.. 397; Pish v. Printing & Publishing Co., 102 Mo. App. 6; O’Connor v. Sill, 60 Mich. 175; Holmes v. Clisby, 121 Ga. 241, 104 Am. St. 103; Sheftall v. Railroad, 123 Ga. 580; Mielly v. Saule, 49…
1Opinion of the CourtNortoni, J.
This is a suit for damagess on account of a libel. Plaintiff recovered and defendant prosecutes the appeal..Defendant made and caused to be printed and published, about December 28, 1910, an affidavit which, through some of the statements therein, cast a reflection upon plaintiff, and hence this suit. The affidavit so made and published by defendant refers to “lying affidavits” made by plaintiff, that is, as if to charge plaintiff with having made lying affidavits. The affidavit of defendant also refers to plaintiff Ritschy as one who would readily “play the crooked game, etc.”
*673The petition…
2Cases cited2 opinions
- Shinn v. United Railways Co.Supreme Court of Missouri · 1913
- Fish v. St. Louis County Printing & Publishing Co.Missouri Court of Appeals · 1903
3Cited by2 opinions
- Lewis v. VargasMissouri Court of Appeals · 1990
- Buddecke v. GarrelsMissouri Court of Appeals · 1919