Weil v. Schmidt
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Washington County. Slander. Tbe defendant appealed from an order overruling bis demurrer to one count of tbe complaint. Tbe averments of said count are sufficiently stated in tbe opinion. 1. It must appear from tbe words used (wben tbey are not uttered ironically or by way of insinuation), tbat plaintiff is charged with a crime, unless special damages are alleged, or tbe words refer to bis profession or trade.
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APPEAL from tbe Circuit Court for Washington County. Slander. Tbe defendant appealed from an order overruling bis demurrer to one count of tbe complaint. Tbe averments of said count are sufficiently stated in tbe opinion. 1. It must appear from tbe words used (wben tbey are not uttered ironically or by way of insinuation), tbat plaintiff is charged with a crime, unless special damages are alleged, or tbe words refer to bis profession or trade. Kinney v. Nash, 3 Corns., 177; Caldwell v. Raymond, 2 Abb. Pr. R., 193; Carter v. Andrews, 16 Pick., 5; Snell v. Snow, 18 Met., 278; Goodrich v.…
1Opinion of the CourtEton, J.
The defendant interposed a general demurrer to a single cause of action stated in the complaint. The action is for slander, and the count thus demurred to alleges in substance that the defendant, well knowing that the plaintiff was, at a certain specified time, the owner of the Exchange Hotel in West Bend, and that prior thereto the same had been insured in three fire insurance companies by the plaintiff against loss by fire, and that, at the time before specified, the same was destroyed by accidental fire; and also well knowing that the plaintiff was not guilty of the crimes thereinafter…
2Cited by13 opinions
- Martin v. Outboard Marine Corp.Wisconsin Supreme Court · 1962
- Bradley v. CramerWisconsin Supreme Court · 1884
- Smith v. UtleyWisconsin Supreme Court · 1896
- Campbell v. CampbellWisconsin Supreme Court · 1882
- Pfister v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1909
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