Egan v. Semrad
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Iowa county: Geo. Clementson, Circuit Judge. Action to recover compensation for slander.
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Appeal from a judgment of the circuit court for Iowa county: Geo. Clementson, Circuit Judge. Action to recover compensation for slander. The slanderous utterances' claimed are as follows: (1) “You are a thief and a rogue, you cheated me out of more than one hundred pounds of oats,” meaning and being understood by said parties who were present and within hearing that when the plaintiff sold the defendant oats on the 17th day of February, 1900, that he, the plaintiff, sold him,. the defendant, more than one hundred pounds of rocks and sand for oats. (2) “Yon are like Stephen Nankee, who sold…
1Opinion of the CourtMARShalx, J.
The trial court evidently concluded that, though the evidence warranted submitting the case to the jury on the question of whether defendant charged plaintiff with being guilty of obtaining money under false pretenses, the complaint was not broad enough to cover any charge other than that he accused plaintiff, in the presence and hearing of others, with having committed the crime of larceny ; and that, as no application was made to amend the pleading in accordance with the evidence, all of which was admitted without objection, and in accordance with the admission contained in the answer, the…
2Cases cited2 opinions
- Filber v. DautermannWisconsin Supreme Court · 1871
- Stern v. KatzWisconsin Supreme Court · 1875
3Cited by3 opinions
- Rocky Mountain News Printing Co. v. FridbornSupreme Court of Colorado · 1909
- Hamlin v. FantlWisconsin Supreme Court · 1903
- Conwisher v. JohnsonAppellate Court of Illinois · 1906