Russell v. Kelly

Citations

• 44 Cal. 641

Syllabus

<p>Testimony in Suit tor Libel.—In an action for a libel in which the name of the plaintiff is not mentioned, the plaintiff may, for the purpose of proving that the libel referred to him, introduce witnesses to testify that they knew the parties, and were familiar with the relations existing between them immediately prior to, and at the time of the publication, and that on reading the publication they understood the plaintiff to be the person referred to.</p> <p>Idem.—In an action for a libel in which the name of the plaintiff is not mentioned, a subsequent publication by the defendant, in which the plaintiff’s name is mentioned, may be introduced in evidence to show that the former publication referred to the plaintiff.</p>