Hauser v. State
Wisconsin Supreme Court
CERTIORARI to the Municipal Court of the City and County of Milwaukee: argued that an actionable libel is not indictable unless the civil action will lie upon it without any averment of special damage (Wharton’s Cr. Law, § 2533; 2 Starkie on Libel & Slander (ed. of 1843) *211, *212 ; Cook on Defamation, 129 ; King v. Roberts, Holt’s Dig.
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CERTIORARI to the Municipal Court of the City and County of Milwaukee: argued that an actionable libel is not indictable unless the civil action will lie upon it without any averment of special damage (Wharton’s Cr. Law, § 2533; 2 Starkie on Libel & Slander (ed. of 1843) *211, *212 ; Cook on Defamation, 129 ; King v. Roberts, Holt’s Dig. Law of Libel, 89); that an action for libel can never be maintained by a private corporation without showing special damage (Shoe & Leather Bank v. Thompson, 18 Abb. Pr. R., 413; Trenton Ins. Co. v. Perrine, 3 Zab., 402); that consequently a libel against a…
1Opinion of the CourtLyoit, J.
An information was duly filed in the Milwaukee municipal court, by the district attorney, against the petitioners, charging them with having published a certain false, scandalous and malicious libel upon the “ School Sisters of Notre Dame,” a corporation created by and existing under the laws of this state.
The petitioners moved the municipal court to quash such information, for the reason (among others) that the publication of a libel upon a corporation is not a criminal offense. The court overruled such motion, whereupon the petitioners applied to a justice of this court to allow a writ of…
2Cases cited2 opinions
- In re BoothWisconsin Supreme Court · 1854
- Arnold v. BoothWisconsin Supreme Court · 1861
3Cited by15 opinions
- State v. EmpeyUtah Supreme Court · 1925
- State ex rel. Dunn v. NoyesWisconsin Supreme Court · 1894
- Petition of SemlerWisconsin Supreme Court · 1877
- State ex rel. Welch v. SloanWisconsin Supreme Court · 1886
- State ex rel. Dalrymple v. Milwaukee CountyWisconsin Supreme Court · 1883
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