King v. McKissick

Citations

• 126 F. 215
• 1903 U.S. App. LEXIS 5156

Syllabus

<p>1. Libel — Judicial Proceedings — Statements—Privilege—Irrelevant Allegations.</p> <p>Defendant filed an application to perpetuate testimony to be used to rebut alleged fraudulent claims against an executor’s settlement of the estate of a deceased person, and alleged in her application that the parties were asserting a claim against the estate “through the false, fraudulent, and malicious representations” of plaintiff, who was an attorney. Held, that the reference to plaintiff in such application was immaterial and irrelevant to the issues in the application, and was not, therefore, a privileged communication.</p> <p>2. Same — Complaint.</p> <p>In an action for libel, a complaint alleging that defendant in an application to perpetuate certain testimony alleged that the claims sought to be rebutted by the testimony were asserted through the false, fraudulent, and malicious representations of plaintiff, who was an attorney in good standing, and that defendant caused copies of her said petition to be published in a newspaper printed in the county where plaintiff resided, was not demurrable for want of facts.</p> <p>3. Same.</p> <p>In an action for libel alleged to have been contained in an application filed by defendant to perpetuate testimony, the complaint was not objectionable because it contained an additional allegation that defendant published a copy of her petition in a newspaper; evidence of such publication being admissible without the allegation to show malice.</p>