Byers v. Meridian Printing Co.

Citations

• 84 Ohio St. (N.S.) 408

Syllabus

<p>Publication of pleadings, etc. — Not privileged, when — Presumption as to malice — Act of April 16, 1900, 94 O. L., 29$, xmconstitutional.</p> <p>1. The publication of pleadings or papers which have been placed on the files of a court, when the court has not yet acted thereon, is not privileged, even though the publication is made in good faith and without malice. (The Cincinnati Gazette Co. v. Timberlake, 10 Ohio St., 549, approved and followed.)</p> <p>2. The amendment and supplement to Section 5094, Revised Statutes of Ohio, passed April 16, 1900, 94 O. L., 295, changing the presumption and burden of proof as to malice, is unconstitutional and void.</p>