Legal Opinion

Rector v. Smith

Supreme Court of Iowa

Decided December 15, 1860PublishedCited by 21 opinions

Appeal from Fremont District Court. Action for libel. The petition alleged: “ That on or about the 19th day of March, 1859, at the Town of Sidney, in .Fremont County, Iowa, the defendant falsely, wickedly, &c., did compose and publish and caused to be composed and published of aDd concerning the plaintiff, and of and concerning his official conduct when he was county judge of said county, a certain false, malicious, scandalous and defamatory libel, containing among other…

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Appeal from Fremont District Court. Action for libel. The petition alleged: “ That on or about the 19th day of March, 1859, at the Town of Sidney, in .Fremont County, Iowa, the defendant falsely, wickedly, &c., did compose and publish and caused to be composed and published of aDd concerning the plaintiff, and of and concerning his official conduct when he was county judge of said county, a certain false, malicious, scandalous and defamatory libel, containing among other things, the following words: • “We feel it our duty also to call attention to a few particulars of accounts under the…

1Opinion of the CourtBaldwin, J.

There is but one question presented for our determination in this case, and that is, whether the defendant can plead in justification of the publication of libellous matter concerning the plaintiff as county judge, that when such libel was published the defendant was acting as a grand juror; that the matter charged as libellous was a privileged communication made by him as a juror to the court. The communication thus claimed by defendant as privileged, •charges the plaintiff with willful and corrupt misconduct as a county officer, which is an indictable offense.

•It is made the duty of the…

2Cited by21 opinions

  1. Application of United Electrical, Radio & M. WorkersDistrict Court, S.D. New York · 1953
  2. In Re Report of Grand JuryCourt of Appeals of Maryland · 1927
  3. O'Regan v. SchermerhornSupreme Court of New Jersey · 1946
  4. In re WilcoxNew York Supreme Court · 1934
  5. Report of Grand Jury: WilliamsWisconsin Supreme Court · 1931

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