St. Tammany farmer. [volume] (Covington, La.) 1874-current, 1913-12-13


|nication; hence - action lies; and
for the additio1a3 reason that it is
not alleged that sthe suit No. 194S
was terminated.
| It is true that Article VIII it is
alleged that tho d4ptrict attorney dis
missed said sur o. 1948. It is not
alleged, however, how, In what man
ner. and for whist reason the district
attorney dismisa6 the suit, nor is It
alleged that tho defendants or pri-
yate counsel conaefted to the dismiss
al. The district 1ttOrney may have
sufficient reasons Tor the dismissal
of this suit, known to him personally.
Ut is also true that It is alleged in
this Article VIII that the defendants
herein. who were r,iaintiffs in said
suit mo. 1948) aetihg through their
attorneys. placed Witnesses on the
stand who failed 10 sustain the
charges. etc" blSt III is not alleged
that ..this language was the lam
guage employed 81. the district attor-
| ney In dismissing SUIT No. 1913, nor
is It alleged thaf this LANGUAGE or
fact was the reaa II sswhy'' the dis
trict attorney iiiaSaissed this suit.
The district attorney could have
rebroueht this suit. anfl the defend
anta could have compelled him to
have rebrourht IL lnder the pro-.
visions of Article S33 Of the Consti-
tuition. A mere DartIaal az the Mead
inRa in suit No. 1SA4 clearly show.
that this suit w. Brought In the
name Of the diatr} Il aftorney only
and in his ofi1cial esaSncfty as such.
The defendants heraSn were not party
MIA aintiffs in that suit s. II IL true that
"a the netition in th,l ssntt Il .aftarh-
ed the original ..wri9ten request of
the citizens and ta3 ayern 81 Abtta
Springs REQUESTING ~ aid district
attorney to bring a Seac achment pro-
ceedings aqainsa tJ|slss mayor. ]. III.
Gibson. Int thts StW{ Ten n r2uUee RI r.
not made part Of the petition in that
suit. And even II It could be held
that the defendants herein were the
plaintiffs in suit No. 1948. this suit
could have been re-brouRht. A mere
dismissal of a suit ia not legal terr,.
nation of said suit. It ia necessary
to allege tho Termination Of the
suit. and to alle9e that It was termi-
mated in the favor of the plaintiff.
to sustain an action for malicious
prosecution Of a suit. This the plain
tiff has failed to allege.
"Where the plaintiff combines a
claim for damages for the bringing
of an alleged malicious suit, with
claim for damages for an alleged IL
bel. contained in the pleadings Of
such suit. the rule that no cause and
no right of action exists until the
Termination of such suit applies
equally to both claims" Carnes VS..
Atkins Bros. 1913 An. page 26; SO
An. page 22O-446: 16 An. page ].
..It fs well settled that q person
can not sustain an action for damages
caused by a suit against him until
after a legal termination of said suit
in his favor" a. An, page 373.
"a An. mage 1874: Is An. page 421.
Therefore, whether we conside that
nv tho alleeationa of plaintiff's peti-
ton he intended to allege a cause of
action for libel. the exception of no
cause of action must be sustained:
for tn. reasons that the libelous mat.
~ coronloi mod ~ was ..nr;v;iare
commnnicat,on M !" and for the ad-
ditional reason that + ia not alleged
that the defendants knew the libel
or s,ander or both. was false when
thew made It and that thev knew It
To he untrue" See authorities cited.
and in addition see Dickson VS.. Hath
away- 1872 an. mage 644
Or whether we consider that the
nlaint;ff intended to allege cause OF
action for an alleged malicious pros
ec;1tion. and for damages for an al
legged libel contained in the plead;nes
Of said suit. the exception of no cause
| of action mnst he sustained for the
reasons hereinbefore stated.
| Therefore. for the reasons assign
ed. and the law being in favor there
of. it is hereby ordered, adjudeed ana
dacreed that the exception of no cause
Of action herein filed by the defenG-
ants be. and the same Is hereby sus-
tanned.
| Thus rendered and ordered in cpc,l
court this ninth day of December,
l1913.
(Signed)
JOSEJH B. LANCASTER.
Judge.
State VS.. Walter Grey, disturbing
| the peace fined $50 and costs OF
:, ject to work on public road .