Talbot v. Mack
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Mark R. Averill, Judge. Action by G. F: Talbot against C. E. Mack. Judgment for defendant, and plaintiff appeals. The letter alleged to be libelous could not be absolutely privileged, as claimed in the demurrer, because absolute privilege pertains only to matters legislative or judicial or relating to the army or navy.
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Appeal from Second Judicial District Court, Washoe County; Mark R. Averill, Judge. Action by G. F: Talbot against C. E. Mack. Judgment for defendant, and plaintiff appeals. The letter alleged to be libelous could not be absolutely privileged, as claimed in the demurrer, because absolute privilege pertains only to matters legislative or judicial or relating to the army or navy. (Newell, Libel and Slander, 3d ed. sec 508; Odgers, Libel and Slander, 5th ed. p. 230.) The complaint alleges that the statement was false and made by the defendant for the purpose of injuring the reputation of the…
1Opinion of the Court
By the Court,
McCarran, C. J.:
This was an action in tort instituted by appellant, - as plaintiff, against respondent for damages claimed to have been sustained by appellant by reason of libel. The demurrer to appellant’s complaint being sustained, and appellant having declined to amend, judgment was entered against him in favor of respondent. From the judgment thus entered and from the order of the trial court in sustaining the demurrer, appeal is taken to this court.
We are first concerned with the matter of a motion to *252dismiss the appeal upon the ground that no assignment of errors was served…
2Cases cited30 opinions
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