Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1921-11-02
Ne VI COMPLIANT
IN LIBEL SUITS
FOUGHT IN COURT
Judge Hickey Takes Under
Amusement Journals Mo-
ton to Strike Amended
Causes for Damages.

Contending that the amended
complaints of j. M. Reynolds and
A. B. McMillen in their libel suits
against Carl c. Magee and the
Albuquerque Morning Journal
really sought to set up new causes
of action, attorneys for the paper
and its editor asked that the
amended articles and each of the
causes for damages be eliminat-
ed by Judge NJ. +. Hickey before
whom the arguments were pre-
sented yesterday. The entire day
was taken up by the remarks of
counsel for plaintiffs and defense.
II. B. Jamison, appearing in be-
half of the Journal and its edi-
tor, took up the argument first,
supporting the request of the de-
PENDANTS that the amended COM
plants be stricken. He showed
that in the Reynolds suit, the liti-
cation would be expanded by the
amended complaint until 1t would
not involve the mere necessity of
proving the correctness of two
claims with reference to Mr.. Ray
nolds but will involve the proof
of a conspiracy.
He showed that in the second
cause for action, an article was
introduced which was published
after the original libel suit was
started and commended that the
new complaint was not an attempt
to amend, but brought in new
material. He claimed that the
only proper amendments in the
Reynolds suit would have relate
to the signature of the Journal
Publishing company upon a note
and the acts of J. M. Reynolds in
connection with the Holbrook
State bank.
Taking up the McMillen COM
plant, he showed that it too had
embraced what he alleged to be
new cause Of action and that
the proof under the amended
complaint would require different
witnesses from that needed to de-
fend under the original cause.
F. F.. Wood, appearing for the
plaintiffs, asserted that il there
was anything good in the new
complaint, the court was bound to
retain the complaint when 1t was
attacked by a motion to strike the
entire pleading. He insisted that
the New Mexico supreme court in
the Albright case had held that a
supplemental complaint was an
amended complaint.
Mr.. Wood claimed that the orr
ginal complaint in the Ravnolds
suit as drawn by A. 3. McMillen
did not constitute cause OF ac-
ton, that there was not a word in
the quoted articles that was libel
Gus per Sc.
Richard IT. Hanna, counsel for
the Journal and Mr.. Magee, as
the problem of whether it wished
TO follow the great majority rule
in the matter of amended COM
plants or whether it wished TO
follow the small minority of three
states, He pointed ont the vastly
enlarged scope of the amended
complaint and went into the ques-
tion Of the amount of proof re-
quired.
Mr.. Jamison, speaking again
urged that the amended COM
plaint be stricken entire in order
that the plaintiffs might amend
the old complaint to cover only
the first issues.
Mr.. Wood stated before the ar
gument closed that if the cause
for action which relates to mater
ial published after the start Of the
original suit was stricken. he
would start suits covering these
grounds.
Judge Hickey announced that
he would take the matter under
advisement and would probably
give a decision in the next four
or five days.
The contempt proceedings. orr
ginally set for Friday at 10 o'clock
were set for Tuesday of next week.