(DOWNLOAD) "Mills v. Denny" by Supreme Court Of Iowa. * Book PDF Kindle ePub Free
eBook details
- Title: Mills v. Denny
- Author : Supreme Court Of Iowa.
- Release Date : January 09, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Plaintiff, an attorney at law practicing in Des Moines, Iowa, brought suit against the defendant, who was the mayor of said city, alleging: ""That on July 27, 1953, the defendant, while seated at the council table in the City Council Room * * * in the presence and hearing of the other members of the council and the representatives of the press and radio, and a number of citizens * * * including * * * plaintiff's client, made a statement which was intended to injure the plaintiff and his business, which statement was wrongfully and maliciously spoken, and which was false and defamatory."" It was: ""Mills, you know that our hands are tied by the courts. You are guilty of dereliction of duty as an attorney towards your client inasmuch as you seemingly advised her that the City Council could take any action which would or could result in the resumption of bus service on the lines abandoned by the Des Moines Railway Company. You have appeared here only as a publicity stunt."" A local newspaper printed the story giving it wide publicity. Plaintiff asked damages of defendant in the sum of $4000. Defendant's motion to dismiss is urged here solely on the ground that ""* * * the alleged slander was made by the defendant as Mayor and member of the City Council of the City of Des Moines, Iowa, * * * and is therefore a privileged communication and not actionable."" In this appeal defendant complied with rule 332, R.C.P. Thus the only question before us at this time is whether or not on this occasion the alleged utterances and publication were so privileged as not to be actionable; or in other words, whether or not the occasion and office provided for defendant an absolute privilege.
 "Mills v. Denny" by Supreme Court Of Iowa. * Book PDF Kindle ePub Free){kind=link}