Mitchell v. Tribune Co.

Plaintiff brought this action for libel against defendant based upon two articles published in its newspaper. The first article, it was alleged, referred to plaintiff as Isaiah “Chink” Mitchell, “Negro,” and the second article again referred to plaintiff as “Chink,” and the claimed libel in the complaint was the reference to plaintiff as “Negro” and “Chink.” Upon motion the complaint was dismissed and judgment entered for defendant. A subsequent motion made by plaintiff to vacate the judgment was denied, and from this latter order the appeal is taken.

The complaint and the proffered amendment…