46 W. Va. 144 | W. Va. | 1899
A. B. Argabright on the 4th of February, 1897, brought an action of trespass on the case, for libel, in the circuit court of Mercer County, against H. C. Jones. The declaration was filed at April rules., containing six counts. The defendant demurred to the declaration, and to each count
The article published by defendant in the Bluefield Telegraph, upon which the plaintiff’s claim for damages is predicated, reads as follows: “It has been represented to the shop and railroad men that I had attached the wages of A. B. Argabright, at Graham, and that his wages were held on that account, and, further, that the debt was unjust and on these false representations, money has been raised among the shopmen to help Argabright to carry on his lawsuits and support his family. It is all untrue, and a false representation, from beginning to end. The only litigation I have had with A. B. Argabright is that I obtained a judgment before J. M. Anderson, when he was justice of the peace, against Argabright, for about $26, which he had been owing a good while for house rent. At that time there was $10 medical account, on which I did not sue. About three months ago I had a suggestion issued on the judgment, and served on the railway company. Hé" paid that off by schedule so that it has ended our litigation, so far. Neither I nor any one else has ever attached him on my judgment in Virginia. It is a violation of law to obtain goods under false pretense, and those who have been gulled by misrepresentations would do well to investigate the above case. Respectfully, H. C. Jones.”
The first error assigned and relied upon by the defendant is the action of the court in overruling defendant’s demurrer to the first, fourth, and fifth counts of the declaration. Was this assignment well taken? It seems to me that the vice found in each one of these counts consists in the fact that the pleader misconstrued and misinter
In view of the authorities above cited, my conclusion is that the court erred in overruling the demurrer of the defendant as to the first, fourth, and fifth counts of plain
Reversed.