Dodge v. Henriod

444 P.2d 753, 21 Utah 2d 277, 1968 Utah LEXIS 639

• Court: Utah Supreme Court
• Decided: August 29, 1968
• Docket: 11198
• Status: Published

Opinions

KELLER, District Judge:

In the case of Dodge, Plaintiff v. State of Utah, Defendant, 20 Utah 2d 48, 432 P.2d 640, Justice F. Henri Henriod in a decision affirming a judgment of the Honorable John F. Wahlquist, a Judge of the Second Judicial District Court of the State of Utah, dismissing with prejudice the complaint of the plaintiff in a habeas; corpus proceeding used the following language :

This case, in our opinion, is an unwarranted attempt to abuse justice and judicial procedure, a waste of taxpayers’ money, and one, which if reversed, would permit a four-time felon to repeat and possibly hurt or kill an erstwhile, honorable, law-abiding citizen, — who just might have a couple of constitutional1 rights too, — one of which is protection-of his person, home, wife and children against a predator bent on invading such.' rights.

In reporting this action on the part of Justice Henriod The Salt Lake Tribune and the Deseret News quoted the foregoing language. The plaintiff brought this-action alleging that the quoted language was slanderous and praying for damages in the sum of $100,000 from the defendant Justice Henriod and $50,000 from the publishing companies.

Since the statement made was in the course of a judicial proceeding and in the discharge of an official duty, it is declared by our statute not to be libelous per se. 45-2-3, Utah Code Annotated 1953. The trial court was correct as a matter of law in dismissing the plaintiff’s complaint. See Carter v. Jackson, 10 Utah 2d 284, 351 P.2d ; Blackhan v. Snelgrove, 3 Utah 2d 157, 280 P.2d 453.

The judgment of the trial court is affirmed. Costs to defendants (respondents).

CROCKETT, C. J., and CALLISTER | and TUCKETT, JJ., concur.