Ballinger v. Democrat Co.

I. This is the second time this action has been before this court. Ballinger v. Democrat Co., 203 Iowa 1095. The action was brought to recover damages for the publication of an article in a paper belonging to the appellant, wherein reference was made to a divorce proceeding, and in which it was stated, in effect, that the pleadings in said divorce proceeding charged the appellee with infidelity. A detailed recital of the facts is set forth in' the former opinion. In the former appeal, we held that the action constituted a libel per se. Upon remand, and prior to retrial, the appellee filed an…