Dunn v. Southern Ins.

Citations

• 116 La. 431
• 40 So. 786
• 1906 La. LEXIS 512

Syllabus

<p>1. Libel—Privileged Averments—Judicial Proceedings.</p> <p>There is a “rule” touching averments in judicial proceeding in accordance with which a party plaintiff to a suit may allege all needful to maintain his demand, and the defendant all that is needful to sustain his defense. This rule is subject to such restraint as is needful to prevent downright wrong and abuse.</p> <p>[Ed. Note.—For cases in point, see vol. 32, Cent. Dig. Libel and Slander, §§ 119-122.]</p> <p>2. Same—Limited Privilege.</p> <p>The privilege is restrained by some limit, viz., a party or his counsel shall not avail himself of his situation to gratify private malice. Subject to this restriction, it is for the public interest and calculated to serve the purpose of justice to allow a party or his counsel some latitude in making allegations and some freedom of speech in conducting his cause.</p> <p>The words are said to judges who hedr both sides, “in whose minds the exaggerated statements may be at once controlled and met by evidence and argument of a contrary tendency from the other party, and who from the impartiality of their positions will naturally give to exaggerated utterances not warranted by the occasion no more weight than they deserve.” Cooley on Const. Lim. The “privilege” has at times and by some courts been restrained. It has never been entirely denied.</p> <p>[Ed. Note.—For cases in point, see vol. 32, Cent. Dig. Libel and Slander, §§ 119-122.]</p> <p>(Syllabus by the Court.)</p>