LIBEL AND SLANDER - ABSOLUTE PRIVILEGE - AFFIDAVIT TO SUPPORT PETITION TO SET ASIDE JUDGMENT

Authors

Abstract

Judgment in a case against Dorothy Mann by the administratrix of a certain estate was rendered in April, 1934. Action to vacate this judgment was instituted in September, 1936. In May, 1936, Irving Mann, defendant in the principal case, executed an affidavit which contained libellous matter defaming the present plaintiff; this affidavit was used to support the petition to set aside the earlier judgment. Held, the defamatory affidavit would not support plaintiff's defamation action; the occasion was one of absolute privilege. Schmitt v. Mann, (Ky. 1942) 163 S. W. (2d) 281.

Recommended Citation

LIBEL AND SLANDER - ABSOLUTE PRIVILEGE - AFFIDAVIT TO SUPPORT PETITION TO SET ASIDE JUDGMENT, 41 Mich. L. Rev. 737 (1943).
Available at: https://repository.law.umich.edu/mlr/vol41/iss4/15