K v. H
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. This was an action for slander, brought by V. K,and his wife, 8. K. The complaint, after stating the marriage of the plaintiffs, the good character and reputation of the plaintiff 8. K., &c., alleges “that the defendant, well knowing the premises,-but contriving and maliciously intending” &c. &c. ¡diere follow specifications of time and place, and names of the persons in whose presence the words are alleged to have been…
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APPEAL from the Circuit Court for Dodge County. This was an action for slander, brought by V. K,and his wife, 8. K. The complaint, after stating the marriage of the plaintiffs, the good character and reputation of the plaintiff 8. K., &c., alleges “that the defendant, well knowing the premises,-but contriving and maliciously intending” &c. &c. ¡diere follow specifications of time and place, and names of the persons in whose presence the words are alleged to have been spoken], “ did speak, publish and declare in the German language, of and concerning the said plaintiff 8. Kthe false,…
1Opinion of the CourtDowner, J.
Does the complaint state facts sufficient to constitute a cause of action ? The alleged slanderous words were spoken in Herman, and a translation is given in the complaint. In determining whether the complaint is defective or not, we must be governed by the translation into English. If the plaintiff in his translation has rendered a foreign word of an actionable sense, by an English one whose meaning is not ac*242tionable, tbe complaint is defective, and tbe judgment under tbe former practice would be arrested. Starkie on Slander, vol. 1, p. 412.
It was urged at tbe argument, tbat because it was…
2Cases cited5 opinions
- Hunt v. . BloomerNew York Court of Appeals · 1856
- Wormouth v. CramerNew York Supreme Court · 1829
- Carley v. WilkinsNew York Supreme Court · 1849
- Johnson v. JohnsonWisconsin Supreme Court · 1856
- Thurber v. JonesWisconsin Supreme Court · 1861
3Cited by21 opinions
- Barringer v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1905
- Teetshorn v. HullWisconsin Supreme Court · 1872
- Robertson v. EdelsteinWisconsin Supreme Court · 1899
- H. W. Curtis & Co. v. CutlerNebraska Supreme Court · 1878
- Schild v. LeglerWisconsin Supreme Court · 1892
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