Turner v. Hearst

Citations

• 115 Cal. 394
• 47 P. 129
• 1896 Cal. LEXIS 1023

Syllabus

<p>Appeal—Bill oe Exceptions—Settlement—Acts of Different Judges. Where different judges act during the progress of a cause, it is the duty of the litigant desiring to have a ruling or decision reviewed upon appeal, to present a bill of exceptions embodying the matters excepted to before one of the judges to the judge who made the ruling or decision for settlement by him, either at the time of the ruling, or after judgment; and, in such case, two or more bills of exceptions may be settled and properly presented for consideration upon appeal.</p> <p>Id.—Review of Order Striking Out Parts of Answer.—An order made by one judge striking out parts of an answer cannot be reviewed on appeal if the exception thereto, instead of being settled by the judge who made the ruling, is settled by another judge who tried the cause.</p> <p>Libel—False Publication against Attorney—Evidence—Standing of Attorney—Extent of Practice—Damages.—In an action for a pub. lication which is libelous per se, affecting the standing of an attorney in his profession, his position and standing in society and the nature and extent of his professional practice may be proved and properly considered by the jury in estimating the general damages to which the plaintiff is entitled.</p> <p>Id.—Mental Suffering of Plaintiff—Evidence—Statements of Third Persons.—The mental suffering of the plaintiff is an element of general damages in an action for libel; but only the suffering which plaintiff naturally experiences as the direct, immediate, and proximate effect upon his mind and feelings of the libel, can be considered; and plaintiff cannot be permitted to prove what third persons have said about the publication for the purpose of showing increased mental suffering induced by their statements.</p> <p>Id.—Understanding of Third Persons' as to Person Libeled — Issue Stricken Out—Estoppel of Plaintiff.—Where an issue has been stricken from the answer on motion of plaintiff as to whether the libelous words were un