Mason v. Western Union Telegraph Co.

J. These two cases are the by-product of an apparently bitter acrimonious dissolution of marriage proceeding between Maurice V. Kelly (Maurice) and Michele Kelly (Michele) in which Western Union Telegraph Company, a corporation (Western Union), as the transmitter of telegrams from Maurice to Michele and her attorney, Monty G. Mason and others, was sued for damages for alleged libelous statements contained jn the telegrams. The complaints also attempted to state causes of action for intentional infliction of emotional distress and invasion of the right of

privacy. In Appeal No. 46084 the plaintiffs were Monty G. Mason II, Robert T. Smith, a member of the Los Angeles Police Department, and the defendants were Maurice and Western

In Appeal No. 46085 arises out of a cross-complaint by Victoria Topping and Michele as cross-complainants and Western Union and Maurice as ctross-defendants.

cross-defendants. In each case the trial court sustained the demurrer of Western Union without leave to amend on the ground that the, complaint cross-complaint respectively did not state facts sufficient to state a cause of action against Western Union. In each case Maurice was required to…