Lescale v. Joseph Schwartz Co.

Citations

• 116 La. 293
• 40 So. 708
• 1905 La. LEXIS 768

Syllabus

<p>1. Libel—Allegations in Civil Action.</p> <p>The rule in this state as to responsibility for injuries is statutory. “Every act whatever •of man that causes an injury to another obliges him by whose fault it happened to repair it.” In every ease the sole question must be as to whether there has been “fault” on the part of the person sought to be held responsible. A litigant who without probable cause makes defamatory allegations against his adversary knowing them to be false commits a fault within the meaning of the above statute, and cannot •escape liability on the score of the allegations having been material to the issue.</p> <p>[Ed. Note.—For cases in point, see vol. 32, Cent. Dig. Libel and Slander, §§ 117-123, 149.]</p> <p>2. Same—Privileged Statements.</p> <p>The common-law rule that in a suit for libel based on judicial allegations the verity of material allegations cannot be inquired into, but that such allegations are absolutely privileged can have no place under the above statute.</p> <p>LEd. Note.—For cases in point, see vol. 32, Cent. Dig. Libel and Slander, §§ 117-123.]</p> <p>3. Same—Premature Action.</p> <p>The rule is that a suit for malicious prosecution cannot be instituted before the malicious prosecution has terminated. Granting that this rule applies to a suit like the present one for a libel alleged to have been contained in judicial allegations, it can have no application in the present case, where the allegations complained of were made in a suit to which the plaintiff in the suit for libel was not a party.</p> <p>Breaux, C. J., dissenting.</p> <p>(Syllabus by the Court.)</p>