Allen v. Wortham
Court of Appeals of Kentucky
Case 72 — PETITION OBDINAEY APPEAL PROM GRAYSON CIRCUIT COURT. The petition states a cause of action. The words charged are libelous, and there was a sufficient publication. (Bobbins v. Treadway, 2 J. J. M., 541; Cole v. Wilson, 18 B. M., 217; McClure v. Wilson, Litt. Select Cases, 188; Hart v. Beed, 1 B. M„ 168; McIntosh v. Matherly, 9 B. M., 120.) 1. The language charged in the petition is not libelous.
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Case 72 — PETITION OBDINAEY APPEAL PROM GRAYSON CIRCUIT COURT. The petition states a cause of action. The words charged are libelous, and there was a sufficient publication. (Bobbins v. Treadway, 2 J. J. M., 541; Cole v. Wilson, 18 B. M., 217; McClure v. Wilson, Litt. Select Cases, 188; Hart v. Beed, 1 B. M„ 168; McIntosh v. Matherly, 9 B. M., 120.) 1. The language charged in the petition is not libelous. (Bobbins v. Treadway, 2 J. J. M„ 541; 3 Starkie on Slander, 100.) The letter shows upon its face that it was confidential, and not malicious. It was written in the discharge of a legal and…
1Opinion of the CourtChief Justice Lewis
jó&liverbd this opinion of thx court. ■
Appellants, husband and wife, brought this action to recover of appellee for libel, alleging in the petition that he maliciously wrote and published, by sending through the United States mail to the address of appellant, Arthur Allen, a letter, filed with the petition, which, among other things, contained the following: “I have never said or done any thing to you or your wife, or any one else, to call forth the foul lies your wife has uttered about me. * * I would care nothing for your wife’s vile, slanderous tongue if her words could reach no farther…
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