Fenkart v. Bihler

Supreme Court of New Jersey

Fenkart v. Bihler

74 A. 129, 79 N.J.L. 11, 50 Vroom 11, 1909 N.J. Sup. Ct. LEXIS 60

DecidedOctober 14, 1909

StatusPublished

This text of 74 A. 129 (Fenkart v. Bihler) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fenkart v. Bihler, 74 A. 129, 79 N.J.L. 11, 50 Vroom 11, 1909 N.J. Sup. Ct. LEXIS 60 (N.J. 1909).

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Opinion

The opinion of the court was delivered by

Garrison,, J.

To a declaration in libel the defendant filed a special plea setting up a justification in fact.

To this plea the plaintiff has demurred upon the ground that the pleader neither admits nor denies the publication of the libel alleged in the declaration. This is so, and on this account the plea is bad. A plea of justification in libel is a plea of confession and avoidance, and hence must confess the publication alleged in the narr. The authorities are at one as to this: Chit. Pl. 526; Steph. Pl. 198; Gould Pl. 320; 13 Encycl. Pl. & Pr. 81; 25 Cyc. 461.

Judgment on the demurrer must be for the plaintiff.

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The opinion of the court was delivered by

Garrison,, J.

To a declaration in libel the defendant filed a special plea setting up a justification in fact.

To this plea the plaintiff has demurred upon the ground that the pleader neither admits nor denies the publication of the libel alleged in the declaration. This is so, and on this account the plea is bad. A plea of justification in libel is a plea of confession and avoidance, and hence must confess the publication alleged in the narr. The authorities are at one as to this: Chit. Pl. 526; Steph. Pl. 198; Gould Pl. 320; 13 Encycl. Pl. & Pr. 81; 25 Cyc. 461.

Judgment on the demurrer must be for the plaintiff.

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Bluebook (online)

74 A. 129, 79 N.J.L. 11, 50 Vroom 11, 1909 N.J. Sup. Ct. LEXIS 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fenkart-v-bihler-nj-1909.