Comes v. Cruce
Supreme Court of Arkansas
Appeal from Conway Circuit Court; Hugh Basham, Judge; STATEMENT BY THE CQURT. The appellant brought this suit against the appellee to recover five thousand dollars damages, alleged to have been sustained by what he terms a libelous publication in The Morriilton Democrat, a newspaper published by appellee. A demurrer was sustained to the complaint, and, appellant having elected to stand upon the pleadings, judgment was entered accordingly, and appeal taken.
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Appeal from Conway Circuit Court; Hugh Basham, Judge; STATEMENT BY THE CQURT. The appellant brought this suit against the appellee to recover five thousand dollars damages, alleged to have been sustained by what he terms a libelous publication in The Morriilton Democrat, a newspaper published by appellee. A demurrer was sustained to the complaint, and, appellant having elected to stand upon the pleadings, judgment was entered accordingly, and appeal taken. The complaint was as follows: “The plaintiff, J. A. Comes, states that he is a resident of the city of Morriilton, in Conway County,…
1Opinion of the Court
Wood, J.,
(after stating the facts). .The writing clearly refers to a class. There is no language in the writing which individualizes the appellant unless it be the following: “The first trouble which led up to the killing occurred in one of these joints, so we understand.” But this language alone contains nothing libelous, and, when connected with other parts of the article, it does not appear that any individual was referred to as having violated the law, or that the business of any individual as distinct from a class, was specified as being illegal and obnoxious to the penalties denounced…
2Cases cited2 opinions
- Ellis v. KimballMassachusetts Supreme Judicial Court · 1834
- Story v. JonesAppellate Court of Illinois · 1893
3Cited by9 opinions
- Service Parking Corporation v. Washington Times Co.Court of Appeals for the D.C. Circuit · 1937
- Farrell v. Triangle Publications, Inc.Supreme Court of Pennsylvania · 1960
- Ewell v. BoutwellSupreme Court of Virginia · 1924
- Wisner v. NicholsSupreme Court of Iowa · 1913
- Neiman-Marcus Co. v. LaitDistrict Court, S.D. New York · 1952
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