Brown v. Hoffman

Scott, J.:

Plaintiff is a lawyer; defendant is a justice of the Municipal Court. The plaintiff sues upon two causes of action, one for slander and one for libel, alleging that defendant, while sitting on the bench, uttered slanderous words, and wrote a libelous statement concerning plaintiff. Defendant denies both the slander and the libel, and pleads privilege. The order vacating the order for defendant’s examination was made, and is sought to be sustained on the ground that the matters complained of, even if spoken and written by defendant, were absolutely privileged, and that plaintiff…