Roddy v. Gazette Co.
Supreme Court of Iowa
Appeal from. Linn District Court. — Hon. Milo P. Smith, judge. Action for damages iu consequence of an alleged libel. A motion for more specific statement was sustained, and in pursuance of the ruling an amendment to the petition overruled. Thereupon defendant moved to strike portions thereof, and the first twelve grounds of the motion sustained; the thirteenth being overruled.
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Appeal from. Linn District Court. — Hon. Milo P. Smith, judge. Action for damages iu consequence of an alleged libel. A motion for more specific statement was sustained, and in pursuance of the ruling an amendment to the petition overruled. Thereupon defendant moved to strike portions thereof, and the first twelve grounds of the motion sustained; the thirteenth being overruled. To the petition with what remained of the amendment the defendant demurred, and as plaintiff failed to plead over, a dismissal was entered. The plaintiff appeals.
1Opinion of the CourtLadd, C. J.
I. As plaintiff complied with the order sustaining the motion for more specific statement, the error therein was waived.
1. Slander and libel : mitigation : pleading of burden proof. That the trial may proceed in an orderly fashion, however, it may be as well to suggest that the publication of a retraction or correction is mere matter of mitigation, to be pleaded by defendant as such (section 3593, Code), and the burden is upon the defendant £0 prove the same. Taylor v. Hearst, 107 Cal. 262 (40 Pac. 392); White v. Sun Pub. Co., 164 Ind. 426 (73 N. E. 890); Tresca v. Maddox, 11 La. Ann. 206 (66…
2Cases cited11 opinions
- Taylor v. HearstCalifornia Supreme Court · 1895
- Cowen v. BooneSupreme Court of Iowa · 1878
- White v. Sun Publishing Co.Indiana Supreme Court · 1905
- State v. HanlonOregon Supreme Court · 1897
- Anderson v. County of MeekerSupreme Court of Minnesota · 1891
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3Cited by8 opinions
- Village of Aurora v. Commissioner of TaxationSupreme Court of Minnesota · 1944
- Hansen v. Independent School DistrictSupreme Court of Iowa · 1922
- Devoe v. DuseySupreme Court of Iowa · 1928
- Greeson v. GreesonSupreme Court of Iowa · 1919
- Fairmont Creamery Co. v. DargerSupreme Court of Iowa · 1916
3 more not listed; retrieve them via the Exa API.