Simmons v. Holster
Supreme Court of Minnesota
This action was brought in the District Court for Scott county. The- complaint alleges that the defendants, Herman Holster and Sebastian Y. Hanft, composed and caused to be published in the “ Saint Paul Press”, on the 19th, 20th and 21st days of Augitst, 1864, a certain false and'malicious libel, of and concerning the plaintiff, in the following words, to-wit: “ Stolen. — On Sunday night, 14th instant, (meaning the 14th day of August, 1864), from the subscriber at Belle…
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This action was brought in the District Court for Scott county. The- complaint alleges that the defendants, Herman Holster and Sebastian Y. Hanft, composed and caused to be published in the “ Saint Paul Press”, on the 19th, 20th and 21st days of Augitst, 1864, a certain false and'malicious libel, of and concerning the plaintiff, in the following words, to-wit: “ Stolen. — On Sunday night, 14th instant, (meaning the 14th day of August, 1864), from the subscriber at Belle Plaine, a horse, mare and colt. The horse is a roan, three years old, feet, mane and head are black. The mare is also roan,…
1Opinion of the CourtMoMjllan, J.
By the Court This is an action for the recovery of damages for an alleged libel. The publication charged as libelous is clearly actionable in itself. It charges distinctly an indictable offense. McCarthy vs. Barrett, 12 Minn., 496. _t is not disputed that the plaintiff is the person intended in the publication. The statement that “ the thief, is believed to be one William H. Simmons, who delivered the horse to some other parties,” is an imputation of the crime to the plaintiff as effectual as if made in positive'language. The charge need not be couched in positive terms. A positive *253averment…
2Cases cited2 opinions
- Beehler v. SteeverSupreme Court of Pennsylvania · 1837
- McCarty v. BarrettSupreme Court of Minnesota · 1867
3Cited by4 opinions
- Frank W. Parks and John Patterson v. The New York Times CompanyCourt of Appeals for the Fifth Circuit · 1962
- Prewitt v. WilsonSupreme Court of Iowa · 1905
- Henry v. MoberlyIndiana Court of Appeals · 1898
- Frank W. Parks and John Patterson v. The New York Times CompanyCourt of Appeals for the Fifth Circuit · 1962