Layne v. Kirby

Appeal from a judgment entered on an order sustaining a demurrer to a complaint for libel. The plaintiff declined to amend and the sole question is whether the complaint states a cause of action.

The complaint charges that on January 30, 1928, the defendant wrote and published of and concerning the plaintiff a certain letter, set out in full in the complaint, addressed to the Secretary of War at Washington, D. C. At that time the plaintiff was chief clerk in the office of the United States district engineer, first district, San Francisco, in which the defendant was and had been since about…