Miller v. Gust

Citations

• 71 Wash. 139
• 127 P. 845
• 1912 Wash. LEXIS 708

Syllabus

<p>Libel and Slander — Privilege — Absolute Privilege — Judicial Proceedings. Allegations in a complaint and affidavit in a divorce case charging adultery with a certain person are absolutely privileged if pertinent and relevant to the issue; and the rule of privilege is not changed by Rem. & Bal. Code, § 294, providing that every charge of adultery against a female shall be actionable “in the same manner as in the case of slanderous words charging a crime;” hence a complaint by the co-respondent for libel is demurrable, though the words are alleged to be false and malicious, where it is not charged that they were not pertinent and relevant to the issue.</p>