Finley v. Steele
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) This communication is not absolutely privileged as it was not made in any parliamentary, judicial, naval or military proceeding — and even if it was in a judicial proceeding, tbe absolute privilege has its limits and may be lost if the parties use it as a cover to vent private malice.
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Appeal from Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) This communication is not absolutely privileged as it was not made in any parliamentary, judicial, naval or military proceeding — and even if it was in a judicial proceeding, tbe absolute privilege has its limits and may be lost if the parties use it as a cover to vent private malice. Newell on Defamation, p. 425, sec. 30, and p. 460, sec. 51; Hyde v. Mc-Cabe, 100 Mo. 412. (2) Conceding that it is entitled to a qualified privilege, yet in using the words “indecent,” “tyrannical,” etc., defendants lost the benefit of even…
1Opinion of the CourtBurgess, J.
This action is prosecuted by plaintiff against defendants for $10,000 damages claimed to have been sustained by her by reason of an alleged libelous communication written by defendants to one R. L. Walker.
At the time of the publication of the communication, plaintiff was engaged in teaching school at district number 131, in Vernon county. Defendants were members of the school board of the district, and Walker was the county school commissioner of the county.
The communication which forms the basis of the action is as follows:
“Richards, Mo., Eeb’y 27, 1897.
“Mr. Robert T. Walker, Oom.:
“Dear Sir:…
2Cases cited5 opinions
- Byam v. . CollinsNew York Court of Appeals · 1888
- Klinck v. . ColbyNew York Court of Appeals · 1871
- Marks v. BakerSupreme Court of Minnesota · 1881
- Henry v. MoberlyIndiana Court of Appeals · 1893
- Stewart v. HallCourt of Appeals of Kentucky · 1885
3Cited by28 opinions
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Kroger Grocery & Baking Co. v. YountCourt of Appeals for the Eighth Circuit · 1933
- Tanner v. StevensonCourt of Appeals of Kentucky · 1910
- Holmes v. Royal Fraternal UnionSupreme Court of Missouri · 1909
- Williams v. Kansas City Transit, Inc.Supreme Court of Missouri · 1960
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