Conley v. Key

• Decision Date: 20 January 1896
• Citation: Conley v. Key, 98 Ga. 115, 25 S.E. 914 (Ga. 1896)
• Parties: CONLEY. v. KEY.
• Court: Georgia Supreme Court

25 S.E. 914

98 Ga. 115

CONLEY.

v.KEY.

Supreme Court of Georgia.

Jan. 20, 1896.

Libel —Privileged Communications —Impeachment of Witness.

A person who, as agent of another, swears to the truth of a petition, to obtain an attachment as for a contempt because of an alleged violation of an injunction, is so far a witness in such proceeding as that affidavits, filed by the defendant in support of his answer, tending, by proof of bad character, to impeach the credit of such agent, are privileged, and matters therein recited pertinent to that point are not libelous, and cannot be made the basis of an action for libel, either as against an attorney offering such affidavits in evidence, the defendant, or the witnesses making such affidavits.(Syllabus by the Court.)

Error from superior court, Fulton county; J. H. Lumpkin, Judge.

Action by John L. Conley against James L. Key.From a judgment sustaining a demurrer, plaintiff brings error.Affirmed.

The following is the official report:

The declaration was dismissed on demurrer.As originally filed, it alleged, in the first count: Key, on March 17, 1894, in the course of a trial in the superior court, in a case in which Key was of counsel, published of petitioner an affidavit, purporting to have been made by S. L. Holcomb, in which there were the following false, malicious, and defamatory words concerning petitioner: "in person appeared before me, the undersigned, S. L. Holcomb, who upon oath says that he is acquainted with John L. Conley, knows his general character, that his character is bad, and from that character he would not believe the said Conley on his oath."Said words, so written and published, were a false and malicious defamation of petitioner, tending to injure his reputation as an individual, and expose him to public hatred, contempt, and ridicule. in the proceeding in which Key made such publication petitioner had not been sworn as a witness, nor was hea party to said proceeding.Key well knew that the affidavit was wholly irrelevant to the question then at issue, and immaterial to the cause then being heard, but used his privilege as counsel in said cause merely as a cloak for venting his private malice against petitioner, and did not in good faith publish said affidavit in promotion of the object for which said privilege is granted.Said affidavit was written by said Key.The second count contained similar allegations as to an affidavit by J. H. Franklin.The third count contained similar allegations as to an affidavit by F. S. Kendrick.The fourth count contained similar allegations as to an affidavit by S. F. Trimble.By amendment it was alleged that the cause upon trial, referred to in the declaration, was that of Eliza T. Conley v. J. B. McConnell, a proceeding to attach McConnell for contempt in violating an order of the superior court.The petition was set...