Hartung v. Shaw
Michigan Supreme Court
Error to Macomb; Whipple, J., presiding.. Case by George G. Hartung against Georgia A. Shaw and John L. Starkweather for libel. From a judgment for defendants on verdict directed by the court, plaintiff brings error. This is an action of libel. The declaration is in the usual form. The libel complained of was in an answer to a bill in chancery, filed by one Sarah A. Brabb against plaintiff, defendant Shaw, and others.
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Error to Macomb; Whipple, J., presiding.. Case by George G. Hartung against Georgia A. Shaw and John L. Starkweather for libel. From a judgment for defendants on verdict directed by the court, plaintiff brings error. This is an action of libel. The declaration is in the usual form. The libel complained of was in an answer to a bill in chancery, filed by one Sarah A. Brabb against plaintiff, defendant Shaw, and others. The declaration alleges that the bill of complaint to which this answer was filed prayed for the partition and division of certain lands devised under the seventh clause of the…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The ruling of the judge appears to have been based upon the theory that the declaration disclosed a case prima facie privileged, and that it was fatally defective in not alleging that the publication was not within the privilege, or that the defendant exceeded her privilege. Counsel for the plaintiff insist that the averment that the statements were false and malicious negatives every possibility of pertinency, materiality, and relevancy. We do not so understand the •rule. If statements made in the course of judicial proceedings, in pleadings or in argument, are…
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- Henry v. MoberlyIndiana Court of Appeals · 1893
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