Schmitt v. Mann

Opinion op the Court by

Judge Eses —

Affirming.

The appellant, M. Joseph Schmitt, an attorney and member of the Jefferson county bar, instituted an action for damages against Irvin Mann for libel. The petition alleged that the libel was contained in an affidavit executed by Mann and filed with his approval in a proceeding in the Jefferson circuit court to which he was not a party. On the trial of the case the court, at the conclusion of plaintiff’s evidence, sustained the defendant’s motion for a directed verdict in his favor on the ground that the affidavit of defendant, which contained the…