37 Iowa 97 | Iowa | 1873
I. The petition upon which the cause was tried claims to recover upon-two counts, the first for malicious prose
It may be conceded that charges made in a criminal prosecution, or in a civil proceeding will not support an action for libel, though such charges, made under other circumstances, would be actionable. The reason of the rule is that it would be a discouragement to suitors, and thus tend to defeat justice to subject them to prosecutions for matters alleged in their applications to the courts. 1 Hawk. P. C., ch. 73, § 8 ; 1 Russ, on Grimes, 224; 1 Stark, on Slander and Libel, 254; Townsend on Slander and Libel, p. 348, §§ 320-322; Straus v. Meyer, 48 Ill. 385. The rule is the same in cases where the public are not affected thereby, whether the proceeding for libel is by indictment or action. 1 Russ, on Crimes, 222.
While the second count of plaintiff’s petition would not support the action, and the evidence could not be admitted under it, yet the same proof was competent under the first count which does set up a sufficient cause of action. The court did not therefore err in admitting the evidence, which was entirely competent and relevant to show the institution of the prosecution alleged to be malicious.
The first count is sufficient to support the verdict and judgment, and as there is nothing in the record in conflict therewith, it will be presumed they were rendered thereon.
II. It is urged that the verdict is not supported by the evidence in that the proof fails to establish malice of the
Affirmed.