Bond v. Hawaiian Gazette Co.

OPINION OP THE COURT BY

PERRY, J.

This is an action for $25,000 damages for the publication of an alleged libellous article in a newspaper printed and published by the defendant. The declaration was filed and the summons issued and served on October 13, 1913. On November 1, within the twenty days named in the summons for appearance, the defendant filed a motion to strike out the whole of the second count of the declaration on the ground that it was “a substantial reiteration of the matters alleged in the first count”. The motion having been in the meantime argued and denied, the defendant on…