Buschbaum v. Heriot
Court of Appeals of Georgia
Action for libel, from city court of Savannah — Judge Freeman. April 6, 1908. A Buschbaum brought an action for $5,000 damages against G. W. Heriot, alleging that the defendant, knowing the plaintiffs good name for integrity, honesty, and truthfulness," did wilfully, falsely, and maliciously, and with intent to injure him in his business, make a sworn affidavit to be used as evidence in a case of injunction, relief, and damages, then pending between the plaintiff and the…
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Action for libel, from city court of Savannah — Judge Freeman. April 6, 1908. A Buschbaum brought an action for $5,000 damages against G. W. Heriot, alleging that the defendant, knowing the plaintiffs good name for integrity, honesty, and truthfulness," did wilfully, falsely, and maliciously, and with intent to injure him in his business, make a sworn affidavit to be used as evidence in a case of injunction, relief, and damages, then pending between the plaintiff and the Advocate Publishing Company, in which affidavit the defendant swore concerning petitioner as follows: “Personally appeared…
1Opinion of the CourtRussell, J.
(After stating the foregoing facts.)
The question raised by the demurrer is one which has been much discussed by text-writers and judges. In the first place, whether one who makes affidavit in the course of an interlocutory judicial proceeding is to be classified as a witness is one division of the question; and whether the privilege of a witness is absolute under all circumstances, or may, under certain circumstances, amount only to conditional privilege, is a second division of the question presented for our determination. It will be seen, from a reading *524of the opinion in Hendrix v.…
2Cases cited4 opinions
- Sebree v. ThompsonCourt of Appeals of Kentucky · 1907
- Francis v. WoodSupreme Court of Georgia · 1886
- Hendrix v. DaughtryCourt of Appeals of Georgia · 1908
- Conley v. KeySupreme Court of Georgia · 1896
3Cited by10 opinions
- Atlanta Journal Co. v. DoyalCourt of Appeals of Georgia · 1950
- Thomason v. Genuine Parts Co.Court of Appeals of Georgia · 1980
- Veazy v. BlairCourt of Appeals of Georgia · 1952
- Todd v. CoxCourt of Appeals of Arizona · 1973
- Krasner v. LesterCourt of Appeals of Georgia · 1973
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