Johnston v. . Lance

The publication made by the plaintiff concerning the defendant is so obviously and grossly defamatory that it must be taken upon its face to have been made with the intent to injure the character of the defendant, and, therefore, that it was, in a legal sense, malicious and libelous. The defendant had unquestionably, then, probable cause for instituting a prosecution for the libel — at least, prima facie. We are not prepared to say at present that even proof in this action of the defendant's guilt of the matters, charged on him in the libel, would deprive him of the bar to the action arising…