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.