Brinkley v. Fishbein

*834The opinion of the court was.delivered by

Burch, J.:

The action was one for damages for libel. A motion for judgment for defendants on the pleadings was denied, and defendants appeal.

The petition alleged that plaintiff is a regularly licensed physician engaged in the practice of medicine in Geary county, Kansas, and that Fishbein is the editor of the Journal of the American Medical Association, in control of the matter published in the Journal. Paragraph Y of the petition reads as follows:

“That on or about January 14, 1928, the e^act date which is unknown to plaintiff, the said Morris Fishbein…