112 Ky. 629 | Ky. Ct. App. | 1902
Opinion of the court bv
Reversing.
By this action the appellee sought to recover damages from the appellant, because: (1) The appellant falsely and maliciously exhibited to the members of the Henderson county grand jury a certain letter, which purported to have been written by the plaintiff, but which was forged, containing false and scandalous charges against him. (2) That before the members of the aforesaid grand jury he charged that the appellee was trying to have appellant indicted by jJerjured testimony, and that he had sworn falsely in a certain suit pending 'between the parties. It is averred in the petition that the' appellant had done these things voluntarily, and against the protest of the members of the grand jury; that the libelous publication and the false charges were not made with reference to anything under investigation before the grand jury. On trial of the case the appellee introduced as witnesses members of the grand jury, including himself, who was also a member of the grand jury, and was present when the alleged false charges were made. Some of the members of the grand jury testified that they did not remember
The judgment is reversed for proceedings consistent with this opinion.
Petition for rehearing by appellee overruled.-