Kelly

Bell v. Kelly

Good Law
1927 Cal. App. LEXIS 832·82 Cal. App. 605·255 P. 864
Court of Appeal of CaliforniaApril 29, 1927Docket No. 4606.California1,682 words

Opinion

Lead Opinion

Houser, J.

— This is an appeal from a judgment entered on a verdict in an action for libel and slander.

The complaint contained four counts — each of the first two thereof being for both compensatory and punitive damages on account of an alleged libel published by defendant, and each of the last two counts of the complaint being likewise for similar damages alleged to have been occasioned to plaintiff by reason of certain slanderous remarks made by defendant — all of and concerning plaintiff.

The verdict was general in form and, without segregating the damages (if any) as to each count or as to any of the counts of the complaint, awarded to plaintiff for actual damages the sum of $2,500 and for punitive damages the sum of $3,500, making a total damage of $6,000.

The principal attack of appellant regarding the judgment is directed to the fourth count of the complaint, the gravamen of which was that with the intention of injuring plaintiff in her good name and reputation, and with actual ill will, malice, and hatred toward plaintiff, defendant stated to one McClelland that plaintiff had committed perjury in the trial of a certain action and sought to have plaintiff arrested and charged with…

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