Dever v. Clark
Supreme Court of Kansas
Error from, Geary District Court. On the 9th day of July, 1887, Thomas Dever commenced his action against George A. Clark to recover damages for the publication of two alleged libels. The first publication was as follows: “A raid was made on the Clay Center joint last Tuesday, and 97 cases of beer and 12 jugs of bug-juice seized.
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Error from, Geary District Court. On the 9th day of July, 1887, Thomas Dever commenced his action against George A. Clark to recover damages for the publication of two alleged libels. The first publication was as follows: “A raid was made on the Clay Center joint last Tuesday, and 97 cases of beer and 12 jugs of bug-juice seized. Tom Keefe was arrested, but Tom says he does not own the place, and that it has been closed since May 1. The beer and juice was transferred to the police court room. His honor now has more cases before him than ever, but it is a matter of some doubt whether each case…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The principal contention in this case is that the defendant’s answer was insufficient as a plea of justification; therefore, that the trial court committed error in permitting the defendant to offer any testimony in the case under his answer or amended answer. Section 125 of the civil code reads:
“In an action for libel or slander, it shall be sufficient to state, generally, that the defamatory matter was published or spoken of the plaintiff; and if the allegation be denied, the plaintiff must prove, on the trial, the facts, showing that…
2Cases cited5 opinions
- Thompson v. Pioneer-Press Co.Supreme Court of Minnesota · 1887
- Castle v. HoustonSupreme Court of Kansas · 1877
- Van Derveer v. SutphinOhio Supreme Court · 1855
- Sunman v. BrewinIndiana Supreme Court · 1875
- Stith v. FullinwiderSupreme Court of Kansas · 1888
3Cited by6 opinions
- Stark v. Publishers George Knapp & Co.Supreme Court of Missouri · 1901
- Hauger v. BenuaIndiana Supreme Court · 1899
- Sheibley v. FalesNebraska Supreme Court · 1908
- Knapp v. GreenSupreme Court of Kansas · 1927
- Lambert v. CowlesWashington Supreme Court · 1913
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