Legal Opinion

Ellsworth v. Martindale-Hubbell Law Directory, Inc.

North Dakota Supreme Court

Decided March 25, 1936No. File No. 6387PublishedCited by 13 opinions

1Opinion of the CourtMorris, J.

This is an action for libel and comes to this court upon appeal from an order of the-District Court overruling a demurrer to the complaint. The demurrer sets up that the complaint fails to state facts sufficient to constitute a cause of action.

The complaint alleges the corporate character of the defendant; that, the defendant has for a period of forty years or more been engaged in the business of preparing, publishing, and circulating throughout the United States and Canada each year, a book known as “Martin-dale’s American Law Directory” in which the defendant purports to rate all practicing…

2Cases cited26 opinions

  1. Pollard v. LyonSupreme Court of the United States · 1876
  2. Layne v. Tribune Co.Supreme Court of Florida · 1933
  3. Bradstreet Co. v. GillTexas Supreme Court · 1888
  4. Maynard v. Fireman's Fund InsuranceCalifornia Supreme Court · 1867
  5. Shaw Cleaners & Dyers, Inc. v. Des Moines Dress ClubSupreme Court of Iowa · 1932

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3Cited by13 opinions

  1. Memphis Publishing Co. v. NicholsTennessee Supreme Court · 1978
  2. Brown v. KittermanSupreme Court of Missouri · 1969
  3. Emo v. Milbank Mutual Insurance CompanyNorth Dakota Supreme Court · 1971
  4. Peabody v. BarhamCalifornia Court of Appeal · 1942
  5. Gough v. Tribune-Journal Co.Idaho Supreme Court · 1952

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