119 Cal. 670 at 682.
Original Opinion of January 27, 1898, Reported at 119 Cal. 670.
JUDGES: Garoutte, J.
The following opinion was rendered by Garoutte, J., on the petition for a hearing in Bank:
The rule of law declared by Department One of this court in the present case as to the degree of evidence necessary to justify the truth of the charge in certain cases of libel, and as declared in the case cited from 97th Missouri, was promulgated without knowledge upon the part of the Department of the decision of this court in Merk v. Gelzhaeuser , 50 Cal. 631. If that decision had been before the Department I am satisfied the doctrine there enunciated would have been directly disapproved.