Ferry v. Carlsmith

OPINION OF THE COURT BY

COKE, J.

(Robertson, C.J., dissenting.)

This is an action based upon alleged false and defamatory words spoken maliciously of and concerning plaintiff herein in the course of defendant’s address, as an attorney, to a jury impaneled to try the case of John Mitsuhashi against Joseph Ferry, plaintiff herein, then pending in and before the fourth circuit court. The latter case was an *590action for damages for alleged malicious prosecution of said Mitsuhashi by Ferry. In that case Carlsmith, the defendant herein, was the attorney for Mitsuhashi.

The plaintiff’s second amended…