Hetherington v. Sterry

The opinion of the court was delivered by

Brewer, J.:

This was an action of libel. A demurrer to the petition was overruled, and the defendant, as plaintiff in error, now brings the question of the sufficiency of the petition to this court for review. The publication is charged to have been false and malicious, and the single question is, whether the articles complained of are, in view of all the facts disclosed in the petition, libelous. The following is a copy of the articles:

“He [Sterry] advised the [city] council that it had the right to sink a well on the banks of the Cottonwood river,…