De Arnaud v. Ainsworth
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia upon the verdict of the jury directed by the court iu an action for an alleged libel. The Court in the opinion stated the case as follows: This is an action for an alleged libel, brought by Charles A. De Arnaud against Fred. O. Ainsworth. The judgment below was for the defendant, and the plaintiff has appealed.
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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia upon the verdict of the jury directed by the court iu an action for an alleged libel. The Court in the opinion stated the case as follows: This is an action for an alleged libel, brought by Charles A. De Arnaud against Fred. O. Ainsworth. The judgment below was for the defendant, and the plaintiff has appealed. The plaintiff in his declaration, containing three counts, in a long prefatory statement by way of inducement, among other things, alleges that on or about the 5th day of September,…
1Opinion of the CourtChief Justice Alvey
Upon the exceptions taken, the questions presented and argued on the part of the plaintiff are —
1. That the making and delivery of the report hy the defendant to the Secretary of war was such a libelous publication as rendered the defendant liable therefor; and, even if privileged at all, it was only qualifiedly so.
2. But even if the making and original delivery of the report to the Secretary of war by the defendant was absolutely privileged, yet,, the subsequent delivery to the witness Hill by the defendant of a copy of the report as contained in and forming *175a part of the report of the…
2Cases cited2 opinions
- Spalding v. VilasSupreme Court of the United States · 1896
- United States v. EliasonSupreme Court of the United States · 1842
3Cited by30 opinions
- Cooper v. O'CONNORCourt of Appeals for the D.C. Circuit · 1938
- Matson v. MargiottiSupreme Court of Pennsylvania · 1952
- Montgomery v. PhiladelphiaSupreme Court of Pennsylvania · 1958
- Hardy v. VialCalifornia Supreme Court · 1957
- White v. TowersCalifornia Supreme Court · 1951
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