Wagner v. Saline County Progress Printing Co.
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The motion in arrest of judgment should have been sustained, because: The petition is fatally defective in this: First. The publication charged to be defamatory has no reference to the extrinsic facts pleaded by way of inducement, and the petition does not contain any averment that the publication complained of was of and concerning the extrinsic facts pleaded.
Read the full summary
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The motion in arrest of judgment should have been sustained, because: The petition is fatally defective in this: First. The publication charged to be defamatory has no reference to the extrinsic facts pleaded by way of inducement, and the petition does not contain any averment that the publication complained of was of and concerning the extrinsic facts pleaded. Thisis traversable matter that must be pleaded. Bliss on Code Pleadings, sec. 305 ; Christal v. Craig, 80 Mo. 367, and cases cited; Legg v. Dunlevy, 80 Mo. 558;…
1Opinion of the CourtEllison, J.
— This is an action for libel and resulted in a verdict and judgment for plaintiff. Defendant claims certain prejudicial errors were committed by the trial court, for which the judgment is attacked. The libel charged was published in the Saline County Progress, a newspaper published in Saline county. The article is as, follows :
“Judge J. Pecksniff Brother-in-Law (meaning the plaintiff) is at last beginning to feel the point of the Progress' pen through his prodigious pachyderm. He revealed the festering of the wound last Wednesday night in the ‘tabernacle.’ He will never forgive the Progress…
2Cases cited6 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Goetz v. AmbsSupreme Court of Missouri · 1858
- Nelson v. BorcheniusIllinois Supreme Court · 1869
- LaFayette County Bank v. Metcalf, Moore & Co.Missouri Court of Appeals · 1890
- Wood v. HilbishMissouri Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Julian v. Kansas City Star Co.Supreme Court of Missouri · 1908
- Lewis v. HumphriesMissouri Court of Appeals · 1896
- Sampson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- Jones v. BannerMissouri Court of Appeals · 1913
- Edger v. KupperMissouri Court of Appeals · 1905
2 more not listed; retrieve them via the Exa API.