Legal Opinion

Barger v. Hood

West Virginia Supreme Court

Decided October 5, 1920PublishedCited by 20 opinions

Questions Certified from Circuit Court, Mineral County. Action for statutory libel by W. H. Barger against E. E. Iiood, Frank J. Payne, and others. Demurrer to declaration overruled, and two special pleas allowed to be filed, and two other special pleas rejected and rulings certified.

1Opinion of the Court

Rm, Judge:

The action of the Circuit Court of Mineral County in overruling a demurrer to a declaration for statutory libel, and in permitting two special pleas to be filed, and rejecting two o.ther special pleas, is certified to this Court for its judgment thereon.

The suit is brought against three defendants, to-wit, Frank J. Payne, E. E. Hood, and the Echo Company, a corporatoin, and charges the publication of an article which from the usual construction and common acceptation of the words used therein are construed as insults, and tend to violence and breach of the peace. The demurrer to…

2Cases cited6 opinions

  1. King v. RootCourt for the Trial of Impeachments and Correction of Errors · 1829
  2. Fenstermaker v. Tribune Publishing Co.Utah Supreme Court · 1895
  3. Farley v. Crystal Coal & Coke Co.West Virginia Supreme Court · 1920
  4. Alderson v. KahleWest Virginia Supreme Court · 1914
  5. Trebby v. Transcript Publishing Co.Supreme Court of Minnesota · 1898

1 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Woodrum v. JohnsonWest Virginia Supreme Court · 2001
  2. Mauck v. City of MartinsburgWest Virginia Supreme Court · 1981
  3. City of Mullens v. DavidsonWest Virginia Supreme Court · 1949
  4. Miller v. City Hospital, Inc.West Virginia Supreme Court · 1996
  5. Swearingen v. Parkersburg Sentinel Co.West Virginia Supreme Court · 1943

15 more not listed; retrieve them via the Exa API.

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