Ellsworth v. Hayes
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The following statement of the case was prepared by-Mr. Justice Taylor as a part of the opinion: This action was brought to recover damages for slanderous words alleged to have been uttered and published by the defendant. Upon the trial of the action in the circuit court, the plaintiff had a verdict in his favor for $100 damages, upon which verdict judgment Avas entered in his favor, with costs of the action.
Read the full summary
APPEAL from the Circuit Court for Dane County. The following statement of the case was prepared by-Mr. Justice Taylor as a part of the opinion: This action was brought to recover damages for slanderous words alleged to have been uttered and published by the defendant. Upon the trial of the action in the circuit court, the plaintiff had a verdict in his favor for $100 damages, upon which verdict judgment Avas entered in his favor, with costs of the action. From this judgment the defendant appealed to this court. The plaintiff alleges in his complaint that he was one of the supervisors of the…
1Opinion of the CourtTayloe, J.
It is argued that the language used by the defendant, as stated in the complaint, does not charge any unlawful or wilful miscounting of the votes cast at the election by the plaintiff, but simply that he made a mistake in *434counting the votes cast thereat. The language set up in the complaint is not so clearly a simple allegation of mistake as to justify the court in saying that it did not have a different meaning, and that the persons to whom it was addressed did not understand it as charging the plaintiff with a false and fraudulent count, as stated in the innuendo. If the words are fairly…
2Cases cited4 opinions
- Campbell v. CampbellWisconsin Supreme Court · 1882
- Singer v. BenderWisconsin Supreme Court · 1885
- Weil v. SchmidtWisconsin Supreme Court · 1871
- Geary v. BennettWisconsin Supreme Court · 1881
3Cited by6 opinions
- State v. KentNorth Dakota Supreme Court · 1895
- Earley v. WinnWisconsin Supreme Court · 1906
- Starobin v. Northridge Lakes Development Co.Wisconsin Supreme Court · 1980
- Hellstern v. KatzerWisconsin Supreme Court · 1899
- Guth v. LubachWisconsin Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.