Atlanta Post Co. v. McHenry

In the demurrer to the'suit for libel the following statement is made: “Nothing is alleged to base the damages upon, the article not being per se libelous, and the defendants move to dismiss said suit. ” The court overruled the demurrer, and in the charge to the jury stated that the article was libelous per se, as had already been thus previously determined. The defendant excepts to the charge, on the ground that the jury should have been allowed to pass upon the question whether the article was libelous per se.

It is urged that the judgment on the demurrer, which set up specifically, as the…