Stewart v. Codrington

Citations

• 55 Fla. 327

Syllabus

<p>1. In an action for libel any language published of a person that tends to degrade him, or bring him into ill repute, or to destroy'the confidence of his neighbors in his integrity, or to cause other like injury is actionable per se, and in such a case it is not necessary to allege special damages.</p> <p>2. In order for the plaintiff to be entitled to prove that he was libeled in his office as Judge of the Criminal Court of Record, or in his business as a solicitor or attorney, it is essential that the declaration should allege that the alleged libelous matter was published of and concerning the plaintiff in his said office as judge or in his business as a solicitor or attorney.</p> <p>3. When matter which- would otherwise be a privileged communication or qualifiedly privileged communication, is alleged to have been published falsely, recklessly and maliciously with intent to injure the plaintiff, such allegation deprived it of the character of a privileged or qualifiedly privileged communication.</p> <p>4. It is perhaps not the best practice to recite or state the facts which go to make up a cause of action, after a “whereas,” yet as such practice has been followed by many authorities, we are not disposed to hold that where this is done, no-cause of action is alleged. The defect is a formal one which could only be reached at common law by special demurrer.</p> <p>5. In a joint action against alleged joint tort feasors all the defendants except one joined in a demurrer to the declaration —one defendant demurred to the declaration separately. The demurrers were separately heard on the same day and separately sustained, and separate judgments upon the demurrers entered in favor of the defendants. A single writ of error was sued out by the plaintiff as though there was but one judgment. No motion was made under Rule 4 of the Rules of the Supreme Court to dismiss the writ of error, but the case was argued on its merits. Held, that inasmuch as it took both judgments