Opinion

Pitts v. King

  • 141 Or. 23
  • 15 P.2d 379
  • 1932 Ore. LEXIS 196
Court
Oregon Supreme Court
Filed
Oct 4, 1932
Status
Published
Author
Campbell
On the bench
Campbell, Bean, Bbown, Belt
Cited by
10 cases
Authority
More cited than 0.5%

defamatory words in a pleading are privileged if they are applicable, pertinent and relevant to the issues in the case

How later courts described this case

  • defamatory words in a pleading are privileged if they are applicable, pertinent and relevant to the issues in the case
  • all documents and all pleadings

Written by the judges who cited it.

The opinion

On Petition bob Rehearing

( 15 P. (2d) 472 )

CAMPBELL, J.

Respondent has filed a petition for a rehearing on the grounds that our former opinion did not dispose of defendant H. H. King’s answer and counterclaim.

Defendant King’s counterclaim was not such a one as could have been set up in an action for libel. It did not arise “out of the contract or transaction set forth in the complaint, as the foundation of plaintiff’s claim.” Plaintiff’s cause of action did not arise “on contract. ’ ’ Defendant King’s counterclaim did not arise “also on contract.” Oregon Code 1930, § 1-611.

Our former opinion should be modified to the extent that the judgment of the circuit court will be reversed and the cause remanded with instructions to dismiss both as to the complaint and the counterclaim of defendant, H. H. King.

It is so ordered.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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