Nix v. Caldwell
Court of Appeals of Kentucky
Case 44 — LIBEL APPEAL FROM SCOTT COMMON PLEAS COURT. 1. The affidavit of appellee is not a privileged communication. No person has the right to voluntarily make such statements in regard to another. The affidavit is not made in confidence in the discharge of any duty, hut voluntarily offered.
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Case 44 — LIBEL APPEAL FROM SCOTT COMMON PLEAS COURT. 1. The affidavit of appellee is not a privileged communication. No person has the right to voluntarily make such statements in regard to another. The affidavit is not made in confidence in the discharge of any duty, hut voluntarily offered. (Falkard’s Starlue on Slander, secs. 688, 689 ; 16 N. Y., 373; 3 Johns., N. Y., 180; 15 Barb., 105; 23 Wend., 726; 8 Blackford, 157; 2 Bush, 568; Townshend on Slander, secs. 233, 234.) 2. The court erred in overruling appellant’s motion for an order instructing the clerk to tax not exceeding the costs…
1Opinion of the Court
JUDGE PRYOR
delivered tiie opinion op the court.
This action was instituted in the Grant circuit, and by-change of venue heard in the Scott circuit. It was brought by the appellant Nix, against the appellee Caldwell, for an alleged libel published by the latter, affecting injuriously the character of the appellant. The libel was in the form of an affidavit, voluntarily given by the appellee, at the instance of a member of the Stewartsvilie Lodge of Masons, to be read on the trial of one of its members.
*295The accusation pending was against one Redman, and the appellant (plaintiff below) had…
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