Johnston v. Life Casualty Ins. Co.

Mr. .Acting Associate Justice C. T. Graydon

(dis-

senting) :

I am unable to agree with the disposition of the exceptions in the majority opinion which reversed the cause and remanded the same for a new trial and I, therefore, dissent from that part of the majority opinion and briefly state my reasons.

The answer does not plead truth which, according to Section 483 of the Code, is used synonymously with the word justification. The answer does not admit that the statements were made of plaintiff as alleged in the complaint. The answer may be construed as alleging a plea of mitigation, but I agree…