Claverie v. Fabacher

Citations

• 123 La. 44
• 48 So. 578
• 1909 La. LEXIS 671

Syllabus

<p>Libel and Slander (§ 91*) — General Denial-Justification — Truth of Statement-Evidence.</p> <p>The plaintiff seeks to recover damages from the defendant for “having made or caused to be published certain newspaper articles” charged to be libelous. The defendant pleaded a general denial. Further answering, he averred that the articles were substantially correct, but he denied that he had procured the publication thereof or that he was actuated by any malicious intent. The case was tried without reference to the pleadings, evidence having been allowed to be introduced by each party without objection. The evidence established that defendant “had not made” nor “caused to be published” the articles referred to. His pleading that “the articles were substantially correct” would not authorize a judgment against him, as he was not brought into court on that pleading as a cause of action. His pleading was not by way of confession and avoidance of any language or action of his own.</p> <p>[Ed. Note. — For other cases, see Libel and Slander, Dee. Dig. § 91.*]</p> <p>(Syllabus by the Court.)</p>