Hauger v. Benua
Decision Date | 23 May 1899 |
Citation | 53 N.E. 942,153 Ind. 642 |
Parties | HAUGER v. BENUA. |
Court | Indiana Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Washington county; G. H. D. Gibson, Judge.
Action for libel by Charles C. Hauger against Lou Benua. From a judgment entered on a verdict for defendant, plaintiff appeals. Reversed.
Alspaugh & Lawson and Zaring & Hottel, for appellant. Samuel H. Mitchell, for appellee.
This was an action for libel by appellant against appellee. The complaint was in five paragraphs. A demurrer for want of facts was sustained to the fifth paragraph of complaint. Appellee filed an answer of justification in three paragraphs. Appellant's demurrer for want of facts to each paragraph of the answer was overruled. The cause was tried by a jury, and a verdict returned in favor of appellee; and, over a motion for a new trial, judgment was rendered against appellant.
The errors assigned call in question the action of the court in sustaining the demurrer to the fifth paragraph of complaint, in overruling the demurrer to each paragraph of answer, and in overruling the motion for a new trial. The only substantial difference between the fifth paragraph and other paragraphs of the complaint is that it anticipates the defense. The error, therefore, if any, in sustaining the demurrer to said paragraph, was harmless, because the evidence admissible under said paragraph was admissible under other paragraphs of the complaint.
It is next insisted that the paragraphs of answer in justification were insufficient, because The answer of justification admits the publication of the handbill, and alleges that ...
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Scott v. City of Laporte
...... are identical. The effective certification as to what the. evidence was is that of the judge. Hauger v. Benua, 153 Ind. 642, 53 N.E. 942. If the clerk may. pursue a like course in the preparation of his transcript, as. our cases assert, much ......
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Scott v. City of La Porte
...one afterwards referred to are identical. The effective certification as to what the evidence was is that of the judge. Hauger v. Benua, 153 Ind. 642, 53 N. E. 942. If the clerk may pursue a like course in the preparation of his transcript, as our cases assert, much more ought it to be held......
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Foudy v. Daugherty, 17593.
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