Diener v. Star-Chronicle Publishing Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Chas. Claflin Allen, Judge. (1) The circuit court had no authority to strike the second amended petition from the files. But one petition had been adjudged insufficient upon demurrer. R. S. 1899, secs. 596, 601, 621-623; Comstock v. Davis, 51 Mo. 569; Spurlock v. Railroad, 98 Mo. 13; Barton v. Martin, 54 Mo. App. 134; Antonelli v. Basile, 93 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Chas. Claflin Allen, Judge. (1) The circuit court had no authority to strike the second amended petition from the files. But one petition had been adjudged insufficient upon demurrer. R. S. 1899, secs. 596, 601, 621-623; Comstock v. Davis, 51 Mo. 569; Spurlock v. Railroad, 98 Mo. 13; Barton v. Martin, 54 Mo. App. 134; Antonelli v. Basile, 93 Mo. App. 141. (2) Where words complained of as libelous are susceptible of two meanings, one harmless and the other defamatory, the jury must determine in which sense the readers may have understood them.…
1Opinion of the CourtLamm, J.
Tort for libel. This is a companion case to one between the same parties, officially reported in 230 Missouri Report at page 613, involving another libel. Plaintiff’s original petition was held bad on general demurrer. He plead over. At a sub-, sequent term he voluntarily withdrew his first amended petition and filed a second, reading (Nota bene} the part in italics and brackets being in addition to the averments of the original petition, otherwise they were the same):
“Now comes Joseph Diener, plaintiff in the above entitled cause, and files this his second amended petition, and for cause of…
2Cases cited4 opinions
- Diener v. Star-Chronicle Publishing Co.Supreme Court of Missouri · 1910
- Heller v. Pulitzer Publishing Co.Supreme Court of Missouri · 1899
- Donaghue v. GaffySupreme Court of Connecticut · 1886
- Urban v. HelmickWashington Supreme Court · 1896
3Cited by28 opinions
- Langworthy v. Pulitzer Publishing CompanySupreme Court of Missouri · 1963
- Brown v. KittermanSupreme Court of Missouri · 1969
- Seested v. Post Printing & Publishing Co.Supreme Court of Missouri · 1930
- Walker v. Kansas City Star CompanySupreme Court of Missouri · 1966
- Coots v. PaytonSupreme Court of Missouri · 1955
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