Supreme Grand Lodge of Ancient & Mystical Order Rosae Crucis v. Smith

Plaintiff, a nonprofiit educational, scientific and fraternal organization, brought this action to restrain the defendant Smith, and others, former members of the order, from publishing malicious, libelous and slanderous statements and documents about the organization and concerning one H. Spencer Lewis, its chief officer, known as the imperator. The trial court, sitting without a jury, entered judgment for plaintiff as prayed for. Defendant Smith has appealed.

Respondent has made a motion for diminution of record. It desires that there be added to the bill of exceptions nearly one thousand letters introduced by it and marked as one exhibit (No. 19), but which were not printed in the record on appeal and, after extensive search, it alleges, cannot now be found. These letters were taken by the sheriff, under search warrant proceedings, from the premises of defendant Smith, and, respondent claims, tend to support the finding that defendants were engaged in a conspiracy to damage plaintiff in a nationwide scheme by circulating malicious statements concerning it. Respondent’s own showing by affidavits seems sufficient to establish the loss and disappearance of the exhibits. It seems…