Clugston

Action for damages alleged to have been suffered by plaintiff in consequence of defamatory words spoken by defendant of and concerning the plaintiff. The following is a copy of the complaint:

Defendant demurred to the complaint on the ground “that it does not state a cause of action.”

The demurrer was overruled, and defendant answered as follows:

The jury returned a general verdict for plaintiff, assessing the damage at eight hundred dollars; and also a special verdict on issues submitted by the court, to the effect: 1. That at the times the words were spoken, and at the time the answer was filed, the defendant believed the words spoken were true, and that facts known to defendant and information given to him warranted such belief; 2. That defendant was not guilty of actual or express malice, and that nothing was found or allowed as exemplary damages; 3. That before filing his amended answer, the defendant endeavored, in good faith, to ascertain whether the charge made by him against the plaintiff was true; 4. But that the words spoken were false.

Judgment was rendered for plaintiff in accordance with the general verdict; and defendant brings this appeal from the judgment, on…