Smith v. Nippert
Wisconsin Supreme Court
APPEAL from the Circuit Court for Saule County. The defendants appealed from an order overruling a general demurrer to the complaint. The substance of the complaint is stated in the opinion. They contended, inter alia, citing numerous authorities, that the allegation of a conspiracy may be entirely disregarded in determining whether or not the complaint states a cause of action. The gist of the action is the wrong done, and not the conspiracy to do the wrong.
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APPEAL from the Circuit Court for Saule County. The defendants appealed from an order overruling a general demurrer to the complaint. The substance of the complaint is stated in the opinion. They contended, inter alia, citing numerous authorities, that the allegation of a conspiracy may be entirely disregarded in determining whether or not the complaint states a cause of action. The gist of the action is the wrong done, and not the conspiracy to do the wrong. The complaint does not state a cause of action for libel, as the communications were absolutely privileged. It cannot be upheld as…
1Opinion of the CourtCole, C. J.
We think the complaint in this case states a cause of action. It is alleged, in substance, that the defendants maliciously conspiring together with intent to injure, defame, and destroy the character of the plaintiff, and to deprive her of her means of support, and to force her to leave the community where she lived, wilfully, maliciously, and falsely sued out an inquisition of lunacy against her, for the purpose of driving her from where she dwelt; and by maliciously causing it to be believed that she was insane, and not a proper person to be employed or introduced in the households where…
2Cases cited1 opinion
- Griffith v. OgleSupreme Court of Pennsylvania · 1806
3Cited by8 opinions
- Schultz v. Frankfort Marine, Accident & Plate Glass InsuranceWisconsin Supreme Court · 1913
- Coulter v. CoulterSupreme Court of Colorado · 1923
- Brandt v. BrandtAppellate Court of Illinois · 1936
- Pickles v. AntonNorth Dakota Supreme Court · 1922
- Dixon v. BowenSupreme Court of Colorado · 1929
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