Legal Opinion

Buckstaff v. Hicks

Wisconsin Supreme Court

Decided September 22, 1896PublishedCited by 18 opinions

Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Buenell, Circuit Judge. This is an action of libel, brought by plaintiff for an alleged libelous article printed in the Oshkosh Northwestern, March 19, 1889, of which paper defendant was publisher and proprietor. At the time of said publication, the plaintiff was state senator from the Nineteenth senatorial district, which comprised the city of Oshkosh and a large portion of the county of Winnebago.

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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Buenell, Circuit Judge. This is an action of libel, brought by plaintiff for an alleged libelous article printed in the Oshkosh Northwestern, March 19, 1889, of which paper defendant was publisher and proprietor. At the time of said publication, the plaintiff was state senator from the Nineteenth senatorial district, which comprised the city of Oshkosh and a large portion of the county of Winnebago. The legislature was at that time in session, and there were pending certain amendments-to the charter of the city of…

1Opinion of the CourtWinslow, J.

The publication complained of was libelous if not privileged, and this is the controlling question on this appeal. A verdict for the plaintiff was directed; hence it must be assumed that Assemblyman Pratt actually made the remarks attributed to him, and that he made them at a meeting of the common council, there being competent evidence before the jury tending to prove both of these facts. Proceeding upon this assumption, the question whether the publication of the defamatory words was privileged will be considered.

The proceedings of legislative bodies, of courts, and of military and naval…

2Cases cited2 opinions

  1. Grace v. DempseyWisconsin Supreme Court · 1889
  2. Rude v. NassWisconsin Supreme Court · 1891

3Cited by18 opinions

  1. Coleman v. MacLennanSupreme Court of Kansas · 1908
  2. Arnold v. IngramWisconsin Supreme Court · 1913
  3. Greenbelt Cooperative Publishing Ass'n v. BreslerCourt of Appeals of Maryland · 1970
  4. Pfister v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1909
  5. Hocks v. SprangersWisconsin Supreme Court · 1902

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