Stewart v. Pierce
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. S. F. Balliet, Judge. The action against James Pierce is to recover damages for writing and publishing a certain letter alleged to be libelous, and the action against the defendant Young is for publishing the same in a newspaper. Demurrers were filed to each petition on the ground that the matter set out as published is not libelous.
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Appeal from Polk District Court. — Hon. S. F. Balliet, Judge. The action against James Pierce is to recover damages for writing and publishing a certain letter alleged to be libelous, and the action against the defendant Young is for publishing the same in a newspaper. Demurrers were filed to each petition on the ground that the matter set out as published is not libelous. The demurrers'were sustained, and the plaintiff electing to stand on his petitions, judgments were entered against him, from which he appeals. The cases are submitted together under a stipulation that the result shall be…
1Opinion of the CourtGiven, J.
I. We have the single question whether the writing as set out in the petition is libelous. To determine this we must have in mind what constitutes libel and then inquire whether the writing is within the definition. Section 4097 of the Code is as follows: “A libel is the malicious defamation of a person made public by any printing, writing, sign, picture, representation or effigy, tending to provoke him to wrath or expose him to public hatred, contempt or ridicule, or to deprive him of the benefits of public confidence and social intercourse; or any malicious defamation made public as…
2Cases cited1 opinion
- Irlbeck v. BierleSupreme Court of Iowa · 1891
3Cited by9 opinions
- Morse v. Times-Republican Printing Co.Supreme Court of Iowa · 1904
- Shaw Cleaners & Dyers, Inc. v. Des Moines Dress ClubSupreme Court of Iowa · 1932
- Dusabek v. MartzSupreme Court of Oklahoma · 1926
- Turner v. BrienSupreme Court of Iowa · 1918
- Providence-Washington Ins. Co. v. OwensCourt of Appeals of Texas · 1918
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