Ferry v. Carlsmith

Citations

• 23 Haw. 589
• 1917 Haw. LEXIS 55

Syllabus

<p>Libel and Slander — privileged communication.</p> <p>An attorney in tbe conduct of judicial proceedings is privileged from prosecution for libel or slander in respect to words or writings used in the course of such proceedings reflecting injuriously upon others when such words or writings are material and pertinent to the questions involved regardless of the motive prompting the use of the words or writings, but counsel shall not avail himself of his situation to gratify private malice by uttering slanderous expressions against a party, witness or third person which have no relation to the subject-matter of the inquiry. Evidence — burden of.</p> <p>Where plaintiff has made out a prima facie case the burden of evidence shifts to defendant and a nonsuit should not be granted.</p> <p>Dismissal and Nonsuit — motion for — effect of on evidence.</p> <p>A motion for a judgment of nonsuit admits everything the evidence fairly tends to prove.</p>