Wright v. Johnson

Hill, O. J.

1. In a suit to recover damages for a libel, two defenses were filed, — justification and privilege. Both pleas admitted a prima facie case, and each cast upon the defendant the burden of proof, and gave.him the right to open and conclude the argument. Although the plea of justification may have been defective and insufficient, and the court may *379have erred in holding it to be sufficient, and in allowing the defendant to open and conclude the argument thereon, the error was harmless, as the defendant was entitled to the same right under the plea of privilege.

Action for libel, from…