Jennings v. Paine
Wisconsin Supreme Court
ERROR TO THE OZAUKEE CIRCUIT COURT. This was an action for slander tried on tbe 8th of May, 1855, in the Circuit Court of Ozaukee county. The declaration contains three counts.
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ERROR TO THE OZAUKEE CIRCUIT COURT. This was an action for slander tried on tbe 8th of May, 1855, in the Circuit Court of Ozaukee county. The declaration contains three counts. In the first, after the usual averment of character, the plaintiff alleges as follows i “ And whereas, also, before the committing of the said grievances by the said defendant, as in the first and second counts hereinafter mentioned, a certain examination had been depending before Winfield Smith, a court commissioner of the District Court of the United States for the District of Wisconsin, at the city of Milwaukee, in…
1Opinion of the Court
By Cue Court,
Whiton, C. J.
We have no doubt that the non-suit in this case was rightly ordered.
The testimony of the plaintiff at the trial clearly established the following facts:
1st. That the alleged slanderous words were spoken by the defendant as an attorney at law, while he was defending his' client before a commissioner of the United States, while the client was being examined before the commissioner on a criminal charge.
2d. That the plaintiff was a witness before the commissioner, had given evidence which was important, and which tended to prove the crime of which the client Was accused.
U…
2Cited by13 opinions
- Burns v. ReedSupreme Court of the United States · 1991
- Myers v. HodgesSupreme Court of Florida · 1907
- Parker v. KirklandAppellate Court of Illinois · 1939
- Robinson v. Volkswagenwerk AGCourt of Appeals for the Tenth Circuit · 1991
- Schultz v. StraussWisconsin Supreme Court · 1906
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