Kloths v. Hess
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Jefferson county: B. F. Dunwiddie, Circuit Judge. Action of slander for utterance by defendant of the words: “That child [the dead child of AVilliam and Mary Kittel meaning] has been murdered. The woman you had here [the plaintiff meaning] murdered itand, as a second cause of action,' the words: “A murder has been committed oyer at Kittel’s. That old lady [the plaintiff meaning] goes around with her grip.
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Appeal from a judgment of the circuit court for Jefferson county: B. F. Dunwiddie, Circuit Judge. Action of slander for utterance by defendant of the words: “That child [the dead child of AVilliam and Mary Kittel meaning] has been murdered. The woman you had here [the plaintiff meaning] murdered itand, as a second cause of action,' the words: “A murder has been committed oyer at Kittel’s. That old lady [the plaintiff meaning] goes around with her grip. She ought to be stopped. The child [the dead child of William and Mary meaning] was' murdered, and she [this plaintiff meaning] did it.” There…
1Opinion of the CourtDodge, J.
An objection to any evidence under the complaint was made, apparently on the contention that the words-in the complaint “the dead child of William and Mary meaning,” assert that the child was born dead. Such meaning is-so obviously foreign to the whole sense that no discussion is necessary. The words, by reasonable interpretation, mean that the child was dead at the time the defendant made the-charge.
It is contended that the motion for nonsuit should have-been granted: Eirst, because the hearers knew that the child was born dead; secondly, because the exact words alleged in the complaint are…
2Cases cited14 opinions
- Nelson v. BorcheniusIllinois Supreme Court · 1869
- Hacker v. HeineyWisconsin Supreme Court · 1901
- Templeton v. GravesWisconsin Supreme Court · 1883
- Thibault v. SessionsMichigan Supreme Court · 1894
- Dufresne v. WeiseWisconsin Supreme Court · 1879
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Martin v. Outboard Marine Corp.Wisconsin Supreme Court · 1962
- Earley v. WinnWisconsin Supreme Court · 1906
- Hyde v. StateWisconsin Supreme Court · 1915
- Greeler v. RedmondWisconsin Supreme Court · 1913
- M v. JWisconsin Supreme Court · 1916