Fisher v. Tice
Supreme Court of Iowa
Appeal from Jones District Court. Action for defamation of character. — The petition alleges, with proper introductory and other averments, that the defendant wrote the following libelous words upon legal tender notes or greenbacks of, and concerning the plaintiff: “ I. H. F. & Co.” (meaning the plaintiff), “ robbed C. C. T.” (meaning defendant), “ of five thousand dollars.”
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Appeal from Jones District Court. Action for defamation of character. — The petition alleges, with proper introductory and other averments, that the defendant wrote the following libelous words upon legal tender notes or greenbacks of, and concerning the plaintiff: “ I. H. F. & Co.” (meaning the plaintiff), “ robbed C. C. T.” (meaning defendant), “ of five thousand dollars.” Other counts allege that he spoke the same words, and also words as follows: “ There goes the d — d old rascal or thief (meaning the plaintiff), that robbed me of $5,000.” Various counts in the answer, not objected to,…
1Opinion of the CourtDillon, J.
i. libel: offenses'in mitigation, I. The court struck out of the answer the following: “Defendant avers that the plaintiff is not an honest man; that he has been guilty of the crime of altering and forging a promissory note given foy one J. A. Peet to the plaintiff; that Peet was one of plaintiff’s neighbors, and by reason of the injury thus done to said Peet, plaintiff has not been in good repute with his neighbors.” This ruling was correct. In an action of libel or slander, the defendant cannot plead, either in defense or in mitigation, that the plaintiff, has been guilty of a specific…
2Cited by2 opinions
- Fountain v. WestSupreme Court of Iowa · 1867
- Mills v. FlynnSupreme Court of Iowa · 1912