Donahoe v. Star Publishing Co.

Citations

• 19 Del. 545
• 3 Penne. 545
• 53 A. 1028
• 1902 Del. LEXIS 14

Syllabus

<p>Libel—Demurrer to Pleas—Pleading Specially—General Issue— Common Law—Truth of Imputation—Evidence— Statute; Construction of-—Plea of Justification.</p> <p>1. The common law rules of pleading in relation to actions for slander and libel and the changes effected therein by legislation and the rules adopted thereunder, discussed.</p> <p>2. The statute of 4 Anne., C. 16, Sec. 4, permits the defendant to plead several distinct matters of defense to the whole or one and the same part of the plaintiff’s demand, yet under this statute the defendant may not allege more than one ground of defense in one plea.</p> <p>3. It became a settled rule in 1702 that the truth of the imputation should be pleaded specially.</p> <p>4. It was necessary to plead the truth before and at the time of the passage of Sec. 2, Chap. 449, Vol. 11, Laws of Delaware, {Rev. Code, {1893)i S00).</p> <p>5. Prior to the passage of said act the truth when pleaded and given in evidence was not a defense in bar of the action, but was regarded only as a matter of mitigation.</p> <p>6. The statute in order to make the truth available as a matter of defense requires the further broof that the libel was written or published properly for public information, and with no malicious or mischievous motives. By the statute the truth of the libellous matter is a justification only within the terms thereof.</p> <p>7. The defendant in an action for libel, in order to avail himself of the full benefit of the statute, must, in addition to the plea of the truth, if he would offer evidence that the libellous matter charged in the declaration was “ written or published, etc.,’’ plead such additional matter specially.</p> <p>8. What is necessary in framing a plea of justification of the truth discussed.</p> <p>9. It is not sufficient to allege barely that the statements made in the supposed libel are true, nor is a reiteration of the libellous matters and an averment that they are true sufficient. The facts going to establis