McCuddin v. Dickinson
Decision Date | 21 October 1941 |
Docket Number | 45311. |
Citation | 300 N.W. 308,230 Iowa 1141 |
Parties | McCUDDIN v. DICKINSON. |
Court | Iowa Supreme Court |
Appeal from District Court, Warren County; W. S. Cooper, Judge.
An action to recover damages for libel. Verdict for plaintiff. Defendant appealed.
Reversed.
Hall & Ewalt, of Indianola, for appellant.
J. O Watson, Jr., of Indianola, for appellee.
This is the second time this case has been before us. See McCuddin v. Dickinson, 226 Iowa 304, 283 N.W. 886. The petition stated in substance that the publication charged that plaintiff was a liar and a perjurer. Defendant admitted and pleaded the truth of the publication as a defense to the action.
Appellant's assignment of error is that the court erred in giving Instruction No. 10.
Instruction No. 10. (Italics supplied.)
Appellant objects to the italicized portion of the instruction. It was reversible error to state that to constitute a complete defense it was necessary, in addition to the truth, the statements be published in good faith and with good motives.
The general rule is in civil actions of libel or slander, in the absence of a statute to the contrary, the truth of the defamatory words is a complete defense. 36 C. J., page 1231, section 193; 33 Am.Jur., page 117, section 117. This almost universal rule is the law in this state. Children v. Shinn, 168 Iowa 531, at page 547, 150 N.W. 864; Salinger v. Cowles, 195 Iowa 873, 191 N.W. 167; Mowry v. Reinking, 203 Iowa 628, 213 N.W. 274; Rhynas v. Adkisson, 178 Iowa 287, 159 N.W. 877; Morse v. Times-Republican Printing Co., 124 Iowa 707, 100 N.W. 867. There is no statute in this state affecting the common law rule above stated.
At common law the truth of a libel was not a defense in criminal prosecutions. However, this rule has been abrogated by statute in this state. Section 13259, 1939 Code, reads:
Appellee asserts appellant's plea of justification was not stated with sufficient particularity to inform the plaintiff precisely of the facts to be tried.
In Salinger v. Cowles, 195 Iowa 873, loc. cit. 877, 191 N.W. 167, loc. cit. 169, Justice Faville, speaking for the court, said:
However, the sufficiency of defendant's plea of justification was not questioned in the lower court. The case was tried and submitted to the jury on the theory the plea was sufficient.
We understand appellee's third proposition for affirmance to...
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