The Archive · 1921

U. S. Court for China

Shanghai, March 11.

Before His Honour Junce TLostncier.

Shaw xv, George B. Rea and Patrick Gallagher, Mr. P. M. Linebarger, on behalf of defendant, Mr. Patrick Gallagher, the writer of an alleged libellous article in the Far Eastern Review," filed a motion requesting that an order be, made requiring the plaintiff to make his petition more definite, and that an extension of time be granted in which defendant would be enabled to plead answer or demur.

Mr. Linebarger drew attention, in his motion for further particulars to be set out in the petition, to the fact that the identity of the plaintiff is not sufficiently established; that the plaintiff claims damages in a large amount, and that justice requires that he should fully set forth his identity in such behalf, and manifest ini full, ¢er-tain, specific terms, in What manner he has suffered the alleged damage. Beyond the allegation that the plaintiff claims to be a British subject, a resident of Antung (which place is not located geographically in the petition) and a person of international reputation, the plaintiff avers nothing concerning himself that will establish his identity, anid the way he claims to have sustained damages.

The motion continues: The alleged defamatory words are not actionable per se and it is not sufficient that the plaintiff should merely allege that he has "been damaged. and that for this reason likewise it is necessary in the interests of justice that the plaintiff should show at what place, and in what manner he sustained dam-

Text read from the printed page and cleaned; old type leaves the occasional error.

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