Allen v. Oppenheimer

CANNING, District Judge.

This is an action in tort for slander. The declaration contains five counts. To these counts collectively there is a plea of the general issue, and to each of them there is an additional plea of justification. The motion is to strike out the pleas of justification.

The 106th section of the New Jersey practice act (P. R. 1903, p. 568) is as follows:

“In an action founded on a libel or slander, the plaintiff may aver that the words or matter complained of were used in a defamatory sense, speeify-*827ing such defamatory sense, without any prefatory averment to show how such…