{
  "id": 1369585,
  "name": "Ottinger v. Ferrell",
  "name_abbreviation": "Ottinger v. Ferrell",
  "decision_date": "1926-11-01",
  "docket_number": "",
  "first_page": "1085",
  "last_page": "1088",
  "citations": [
    {
      "type": "official",
      "cite": "171 Ark. 1085"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "59 Ark. 629",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1327702
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/59/0629-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 328,
    "char_count": 6499,
    "ocr_confidence": 0.488,
    "pagerank": {
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    "simhash": "1:dfd6dab8b3d8d6d1",
    "word_count": 1069
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  "last_updated": "2023-07-14T23:00:35.231048+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Ottinger v. Ferrell."
    ],
    "opinions": [
      {
        "text": "McCulloch, C. J.\nAppellant instituted this action in the circuit court of Jackson County against appellees, J. E. Ferrell, T. V. Flemming, C. P. Trice, Garland E. Land and J. O. Goff, alleging in his complaint that he is a school-teacher by profession, and is duly licensed as such; that appellee Land is superintendent of schools in Jackson County, and that the other appellees are directors of School District No. 25 in Jackson County; that appellant was employed as teacher in said district, hut was wrongfully discharged, and that, after the discharge, all of the appellees entered into a conspiracy to prevent him from securing school work in th\u00e9 State, and that, pursuant to that conspiracy, they uttered slanderous and defamatory words concerning his moral character and his fitness as a teacher, and that they also published libelous words to the same effect.\nThe language charged to have been uttered and published by appellees concerning appellant is that he is \u201cincompetent as a teacher, immoral, * # #.and is not a good citizen.\u201d In another paragraph the language charged to have been used is that appellant \u201cis unfit to teach school; he curses in his school, talks socialism in his school and to his patrons, and is disloyal to our Government,\u201d etc.\n. There are numerous paragraphs in the complaint alleging slanderous and libelous words uttered and published on different occasions and to different persons, but the above are substantially the words alleged to have been used in each instance. It is unnecessary to discuss each paragraph in detail, for the court sustained a demurrer to the complaint as a whole, and it is only necessary to determine whether or not a cause of action was stated in either of the paragraphs.\n\u25a0Appellees first defended the judgment of the court in sustaining the demurrer on the ground that the 'cause of action was barred by the statute of limitations, but counsel has now abandoned that contention, and nothing more need be said about it.\nIt is next contended that the allegations are too vague and indefinite to be understood. If that were true, the remedy would not be by demurrer but by motion to make the complaint more definite and certain. Dillahunty v. Railway Co., 59 Ark. 629. We think, however, that the allegations in the complaint are sufficient to point out the particular language used and the circumstances under which it was used. It may he said, in this connection, that the law is well settled that a false charge against a school-teacher of incompetency or immorality is actionable \"as libel or. slander. Newell on Libel and Slander, \u00a7 148. In this connection it is also urged that the complaint-was not sufficient to charge a joint cause of action against all of the appellees. We find, however, that it is charged specifically in the complaint that all of the appellees joined together in a conspiracy to .defame the character of appellant b'y slander and.libel so as to prevent him from obtaining school work, and that the slanderous words were uttered and the libel published pursuant to that joint design. Now, the rule is that a joint action cannot be maintained against two or more persons for slander, but a different rule prevails concerning a libel, and such publication may be the joint act of two or more persons, who may be sued jointly or separately at the election of the plaintiff. \u2022 Newell on Slander and Libel, \u00a7 371. The demurrer was general, and therefore did not reach the objection of misjoinder of causes of action.\nThe principal ground urged in support of . the judgment of the court is that the alleged slanderous and libelous statements concerning appellant constituted, under the circumstances, privileged communication, and that, this appearing upon\u2019 the face, of the complaint, the objection to the sufficiency of the allegations could be raised, by demurrer. We d.o not agree with counsel in .this contention. It appears from the language of the complaint that all of the appellees are school officers, appellee. Land being county superintendent, and the others school directors, and it also appears that the words spoken and written related to appellant\u2019s character and qualifications as a school-teacher, but the privilege could not, in any view, be absolute, and might, or might not, according to the circumstances, be privileged. That being true, it necessarily follows that the privilege must be pleaded by answer, and the question cannot be raised by demurrer. 17 R. C. L., p. 401; Odgers on Libel and Slander, p. 636. Our conclusion is that the court erred in sustaining tbe demurrer to the complaint.\nReversed, and remanded for further proceedings.",
        "type": "majority",
        "author": "McCulloch, C. J."
      }
    ],
    "attorneys": [
      "E. F. Duncan and E. P. Cleveland, for appellant.",
      "Fred, M. Pickens, for appellee."
    ],
    "corrections": "",
    "head_matter": "Ottinger v. Ferrell.\nOpinion delivered November 1, 1926.\n1. Pleading \u2014 motion to make certain. \u2014 The remedy for vague and indefinite allegations in a complaint is.not by demurrer, but by motion to make more certain.\n2. Libel and slander \u2014 complaint\u2014defamatory matter. \u2014 Allegations in a complaint by a school-teacher that school officers uttered and published of him that he is \u201cincompetent as a teacher, immoral, and not a good citizen,\u201d and that he \u201cis unfit to teach school; he curses in his school; talks socialism in his school and to his patrons; and is disloyal to our Government,\u201d held sufficient to point out th.e particular language used and the circumstances under which it was used.\n3. Libel and slander \u2014 words tending to injure in profession.\u2014 False charges against a school-teacher of incompetency or immorality are actionable as libel or slander.\n4. Libel and slander \u2014 joint cause of action. \u2014 A joint cause of action is alleged in a complaint for libel which charged that defendants joined in a conspiracy to defame plaintiff\u2019s character, and that, pursuant to that joint design, libelous words were published.\n5. Libel and slander \u2014 parties.\u2014While a joint action cannot\u201d be maintained for a slander, such an action may be maintained for a libel.\n6. Pleading \u2014 demurrer\u2014misjoinder of causes. \u2014 A general demurrer does not reach the objection of a misjoinder of causes of action.\n7. Libel and slander \u2014 privileged communication. \u2014 A communication by school officers concerning the character and qualification of a school-teacher is not absolutely privileged, and the privilege must be pleaded by answer to the complaint alleging a libel, and cannot be raised by demurrer.\n..Appeal from Jackson Circuit. Court; . Dene \u25a0 H. Coleman, Judge;\nreversed.\nE. F. Duncan and E. P. Cleveland, for appellant.\nFred, M. Pickens, for appellee."
  },
  "file_name": "1085-01",
  "first_page_order": 1101,
  "last_page_order": 1104
}