Digest Publishing Company v. Perry Publishing Co.

SIMS, Judge.

Appellant, The Digest Publishing Company, sued appellee, Perry Publishing Company, for $50,000 for libel. The trial judge sustained the motion of appellee to dismiss the complaint because it did not aver facts sufficient in law to state a cause of action. This appeal followed.

The complaint avers appellant is a corporation and publishes a newspaper in Franklin County and that appellee also publishes a newspaper in the same county, which are the only two papers published therein. It is further averred in the complaint that ap-pellee on August 19, 1954, published on the front page of…