Bennett v. Wilkes Pub. Co., Inc., 56329

Decision Date12 October 1978
Docket NumberNo. 56329,56329
Citation249 S.E.2d 321,147 Ga.App. 508
PartiesBENNETT v. WILKES PUBLISHING COMPANY, INC.
CourtGeorgia Court of Appeals

Walton Hardin, Washington, for appellant.

Orr & Kopecky, Wilbur A. Orr, Washington, for appellee.

DEEN, Presiding Judge.

Asa M. Bennett appeals from the trial court's grant of summary judgment in favor of appellee. Appellant filed suit against Wilkes Publishing Co. alleging that a newspaper editorial published in the June 3, 1976, issue of the News-Reporter libeled him and that the libel was republished on June 12, 1976. The editorial was critical of the actions of the Board of Commissioners and of the appointment of appellant to the Board of Tax Assessors because of his past criticism of the ad valorem tax structure and expressed concern about appellant's objectivity. Held:

In his deposition which was made a part of appellee's motion, appellant admits that he has been vigorously opposed to inequities that have existed in the application of the ad valorem taxes over the years, that as a private taxpayer he took a case to the Georgia Supreme Court, that he was active in the formation of the Wilkes County Taxpayers Association, and that at the time the deposition was taken he was a member of the Advisory Board of the Wilkes County Taxpayers Association. In view of appellant's admitted activities, we find nothing libelous per se or libelous by innuendo in a newspaper editorial which expresses concern about appellant's possible bias in the performance of his duties.

Accordingly, the trial court did not err in granting appellee's motion for summary judgment.

Judgment affirmed.

SMITH and BANKE, JJ., concur.

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3 cases
  • Meyer v. Ledford
    • United States
    • Georgia Court of Appeals
    • 29 d3 Fevereiro d3 1984
    ...or oral remarks about these particular activities can support appellant's libel and slander claims. See Bennett v. Wilkes Publishing Co., 147 Ga.App. 508, 249 S.E.2d 321 (1978); Kaufman v. Atlanta Lawn Tennis Assn., 150 Ga.App. 315, 257 S.E.2d 383 Two of the written statements, one of which......
  • Morton v. Stewart
    • United States
    • Georgia Court of Appeals
    • 9 d3 Abril d3 1980
    ...the facts, we find the article to be fair. We also find nothing libelous per se or by innuendo in the article. Bennett v. Wilkes Pub. Co., 147 Ga.App. 508, 249 S.E.2d 321. "In a defamation action, where defendant (publisher) claims the (objectionable) publication is, as a matter of law, not......
  • Batson-Cook Co. v. Poteat, BATSON-COOK
    • United States
    • Georgia Court of Appeals
    • 12 d4 Outubro d4 1978

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