Gardemal v. McWilliams
Supreme Court of Louisiana
APPEAL from the Twenty-third District Court for the Parish of Iberville. Talbot, J. 1. Tt is not necessary to allege want of probable cause in action for damages for libel and slander. This is necessary only in cases sounding in damages for malicious prosecution. 2. In an action of slander or libel, the only possible defenses are a denial, a justification or a confession under mitigating circumstances.
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APPEAL from the Twenty-third District Court for the Parish of Iberville. Talbot, J. 1. Tt is not necessary to allege want of probable cause in action for damages for libel and slander. This is necessary only in cases sounding in damages for malicious prosecution. 2. In an action of slander or libel, the only possible defenses are a denial, a justification or a confession under mitigating circumstances. R. S. 3640; 14 An. 406; 15 An. 36; —An. 469. 3. An answer including all these defenaes equivocates, and is utturly inconsistent 10 An. 231; 28 An. 238. 4. There is no such thing as half-way…
1Opinion of the Court
The opinion of the court was delivered by
McBnmry, J,
The plaintiff sued the defendant for libel and slander.
The alleged libel and slander is contained in the petition in the suit of Jacob McWilliams vs. Jnstinien Michel.
The object of the suit was to have declared absolutely null and void a certain tax sale of the plaintiff’s property.
The language used is of that character which, if not classed as a privileged communication, malice would be presumed and damages assessed, unless justified by the defendant. It will not be necessary to reproduce the language employed in the petition in said suit…
2Cases cited1 opinion
- Klinck v. . ColbyNew York Court of Appeals · 1871
3Cited by14 opinions
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- Lescale v. Joseph Schwartz Co.Supreme Court of Louisiana · 1905
- Union Service & Maintenance Co. v. PowellSupreme Court of Louisiana · 1980
- Mauney v. MillarSupreme Court of Arkansas · 1920
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