Edmond C. Fletcher v. Norfolk Newspapers, Incorporated, a Corporation

Fourth Circuit

Edmond C. Fletcher v. Norfolk Newspapers, Incorporated, a Corporation

239 F.2d 169, 1956 U.S. App. LEXIS 4152

CourtCourt of Appeals for the Fourth Circuit

DecidedDecember 17, 1956

Docket7278_1

StatusPublished

Cited by16 cases

This text of 239 F.2d 169 (Edmond C. Fletcher v. Norfolk Newspapers, Incorporated, a Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Edmond C. Fletcher v. Norfolk Newspapers, Incorporated, a Corporation, 239 F.2d 169, 1956 U.S. App. LEXIS 4152 (4th Cir. 1956).

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Opinion

PER CURIAM.

This is an appeal from a summary judgment for defendant in an action of libel based on a report of the proceeding which was before this court on appeal in In re Fletcher, 4 Cir., 221 F.2d 477. The substance of the language complained of as libelous is that plaintiff had been disbarred. The answer, which was verified, pleaded truth and privilege and attached as exhibits copies of orders of disbarment. Motions were made by plaintiff to strike these exhibits and the allegations with regard thereto from the answer and for summary judgment. Motion was made by the defendant for summary judgment. Wo think it clear that the trial judge properly denied the motions of plaintiff and granted that of defendant.

From the copies of orders attached to the verified answer, as well as from the records of the court of which judicial notice was properly taken, it clearly appeared that plaintiff had been disbarred, that the language complained of was truthful and that there was no issue of fact for trial in the case. See Fletcher v. U. S., 4 Cir., 174 F.2d 373 ; In re Fletcher, 4 Cir., 221 F.2d 477. While the Rules of Civil Procedure do not require that an answer be verified, there is nothing in the rules which precludes the judge from considering a verified answer as an affidavit in the cause. Furthermore, the judge could properly take judicial notice of the records of his court showing the disbarment of plaintiff. Fletcher v. Young, 4 Cir., 222 F.2d 222, 223; Mann v. Peoples First Nat. Bank & Trust Co., 4 Cir., 209 F.2d 570, 572; *170 Ellis v. Cates, 4 Cir., 178 F.2d 791, 793; Fletcher v. Bryan, 4 Cir., 175 F.2d 716, 717.

Plaintiff complains that the judgment was not submitted to him for approval as to form before it was signed by the trial judge; but his complaint is not as to the form but as to the substance of the judgment and we see nothing either in the form or in the substance of which he can properly complain.

Affirmed.

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PER CURIAM.

This is an appeal from a summary judgment for defendant in an action of libel based on a report of the proceeding which was before this court on appeal in In re Fletcher, 4 Cir., 221 F.2d 477. The substance of the language complained of as libelous is that plaintiff had been disbarred. The answer, which was verified, pleaded truth and privilege and attached as exhibits copies of orders of disbarment. Motions were made by plaintiff to strike these exhibits and the allegations with regard thereto from the answer and for summary judgment. Motion was made by the defendant for summary judgment. Wo think it clear that the trial judge properly denied the motions of plaintiff and granted that of defendant.

From the copies of orders attached to the verified answer, as well as from the records of the court of which judicial notice was properly taken, it clearly appeared that plaintiff had been disbarred, that the language complained of was truthful and that there was no issue of fact for trial in the case. See Fletcher v. U. S., 4 Cir., 174 F.2d 373 ; In re Fletcher, 4 Cir., 221 F.2d 477. While the Rules of Civil Procedure do not require that an answer be verified, there is nothing in the rules which precludes the judge from considering a verified answer as an affidavit in the cause. Furthermore, the judge could properly take judicial notice of the records of his court showing the disbarment of plaintiff. Fletcher v. Young, 4 Cir., 222 F.2d 222, 223; Mann v. Peoples First Nat. Bank & Trust Co., 4 Cir., 209 F.2d 570, 572; *170 Ellis v. Cates, 4 Cir., 178 F.2d 791, 793; Fletcher v. Bryan, 4 Cir., 175 F.2d 716, 717.

Plaintiff complains that the judgment was not submitted to him for approval as to form before it was signed by the trial judge; but his complaint is not as to the form but as to the substance of the judgment and we see nothing either in the form or in the substance of which he can properly complain.

Affirmed.

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239 F.2d 169, 1956 U.S. App. LEXIS 4152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edmond-c-fletcher-v-norfolk-newspapers-incorporated-a-corporation-ca4-1956.

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