Manuel v. Deshotels
| Decision Date | 01 February 1926 |
| Docket Number | 25756 |
| Court | Louisiana Supreme Court |
| Parties | MANUEL v. DESHOTELS et al |
Rehearing Denied March 1, 1926
Appeal from Sixteenth Judicial District Court, Parish of Evangeline B. H. Pavy, Judge.
Action by Theogene Manuel against Arvillien Deshotels and another for libel. From a judgment of dismissal on an exception of no right or cause of action, plaintiff appeals.
Affirmed without prejudice to plaintiff.
A. H Garland, of Ville Platte, for appellant.
A. V. Pavy, of Opelousas, and O. E. Guillory, of Ville Platte, for appellees.
This suit is the outgrowth of another suit, which is undetermined, brought by the wife of plaintiff, assisted by him, on behalf of her minor daughter to recover damages for the alleged seduction of the girl, under a promise of marriage, by the younger Deshotels. In that suit he is also charged with being the father of her illegitimate child. The elder Deshotels is sought to be held under the codal article imposing liability on the parents for the damages caused by their minor children.
Defendants; in their answer to the previous suit, denied that the younger Deshotels had seduced plaintiff's daughter and that he was the father of her illegitimate child. They averred upon information and belief that the present plaintiff was the father of the child born to his stepdaughter. This suit was brought to recover damages for the alleged libelous statement. It was dismissed on an exception of no right or cause of action, and plaintiff has appealed.
The contention of the appellees is that when a suit for damages for libel is based upon allegations contained in another suit, the second suit must await the termination of the action wherein the defamatory averments are made. We think this is correct. Wolf v. Ins. Co., 58 So. 507, 130 La. 679, and authorities cited therein.
The general rule is that plaintiff's right of recovery depends upon his right at the inception of his suit. In the instant case, plaintiff's cause of action will not accrue unless and until it be established on the trial of the suit wherein the pleading containing the defamatory language is filed that said averments are false, and that defendants knew them to be false, or had not just and probable cause to believe them to be true. See Lescale v. Schwartz Co., 40 So. 708, 116 La. 293; Sabine Tram Co. v. Jurgens, 79 So. 872, 143 La. 1092.
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Lyons v. Knight
...the libel must be brought to a conclusion before damages can be claimed by a party to the suit. See, for example, Manuel v. Deshotels, 160 La. 652, 107 So.2d 478 (1926); W.B. Thompson & Co. v. Gosserand, 128 La. 1029, 55 So. 663 (1911); Loew's, Incorporated v. Don George, Inc., 237 La. 132,......
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Union Service & Maintenance Co., Inc. v. Powell
...the libel must be brought to a conclusion before damages can be claimed by a party to the suit. See, for example, Manuel v. Deshotels, 160 La. 652, 107 So.2d 478 (1926); W. B. Thompson & Co. v. Gosserand, 128 La. 1029, 55 So. 663 (1911); Loew's, Incorporated v. Don George, Inc., 237 La. 132......
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Loew's, Inc. v. Don George, Inc., 43617
...proof of the alleged untruthfulness of the statements, nor do we have before us the final disposition of the matter. In Manuel v. Deshotels, 160 La. 652, 107 So. 478, 479, we 'The contention of the appellees is that when a suit for damages for libel is based upon allegations contained in an......
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Williams v. Hartford Fire Ins. Co., Civ. A. No. 80-71-B.
... ... Ascot Oils, Inc., 177 So.2d 178 (La.App., 2nd Cir., 1965); or by a separate action, Wolf v. Royal Ins. Co., 130 La. 679, 58 So. 507 (1912); Manuel v. Deshotels, 160 La. 652, 107 So. 478 (1926); Calvert v. Simon, 311 So.2d 13 515 F. Supp. 1211 (La.App., 2nd Cir., 1975). Our research has revealed ... ...