Jastrzembski v. Marxhausen
Michigan Supreme Court
Error to Wayne; Hosmer, J. Case by Felix Jastrzembski against August Marxhausen for libel. From a judgment for plaintiff, defendant brings error. This is an action of libel based upon the following article published in the Detroit Abend Post, a German newspaper printed and published in Detroit, of which the defendant is owner: “Eloped with Another Woman. “Felix Jastrzembski Leaves Wife and Children in Need.
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Error to Wayne; Hosmer, J. Case by Felix Jastrzembski against August Marxhausen for libel. From a judgment for plaintiff, defendant brings error. This is an action of libel based upon the following article published in the Detroit Abend Post, a German newspaper printed and published in Detroit, of which the defendant is owner: “Eloped with Another Woman. “Felix Jastrzembski Leaves Wife and Children in Need. “The police were notified' today that the 24-year old wife of Felix Jastrzembski is living, with four small children, in need and poverty, in the house at number 459 Forest avenue, where…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. Was the publication privileged'? The publication was not that of the contents of papers filed in the course of judicial proceedings. It was not a report of testimony taken in court. No witnesses had been sworn. The only document filed in the justice’s court was a complaint made for nonsupport, and this was not known to the reporters or to defendant. To this document no reference whatever was made in the publication, t Plaintiff’s wife, her brother, and the brother of Agnes Hartung went to police headquarters, and there related to a police officer the alleged…
2Cases cited3 opinions
- Distin v. . RoseNew York Court of Appeals · 1877
- People v. . BeckwithNew York Court of Appeals · 1888
- Huson v. DaleMichigan Supreme Court · 1869
3Cited by16 opinions
- Cianci v. New Times Publishing Co.Court of Appeals for the Second Circuit · 1980
- Rouch v. Enquirer & News of Battle CreekMichigan Supreme Court · 1986
- Lancour v. Herald & Globe Ass'nSupreme Court of Vermont · 1941
- Randal v. DekaAppellate Court of Illinois · 1956
- Rouch v. Enquirer & News of Battle CreekMichigan Court of Appeals · 1984
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