Spiering v. Andræ
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. Action for slander. The complaint alleges that at the time the alleged slanderous words were spoken by the defendant, plaintiff was, and for many years previous thereto had been, a justice of the peace, and acted as such, in the village of Hays-ville in Dodge county; that defendant, in a public speech in said village, at a public meeting, in the presence and hearing of a great number of persons, in speaking of the plaintiff as…
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APPEAL from the Circuit Court for Dodge County. Action for slander. The complaint alleges that at the time the alleged slanderous words were spoken by the defendant, plaintiff was, and for many years previous thereto had been, a justice of the peace, and acted as such, in the village of Hays-ville in Dodge county; that defendant, in a public speech in said village, at a public meeting, in the presence and hearing of a great number of persons, in speaking of the plaintiff as such justice of the peace, maliciously spoke the false and defamatory words following: “The reason I did not takeout my…
1Opinion of the CourtTaylor, J.
The only question is, whether the words.set out in the complaint are actionable per se. The complaint alleges that the wrords were spoken of the plaintiff as a j ustice of the peace, and we think this claim is sustained by the allegations of the complaint. The defendant does not simply say of the plaintiff that he is “ a damned fool,” but that he did not want to sit as a juror before “ such a damned fool of a justice.” It is clear that the defendant meant to be understood by this language, that he considered the plaintiff an unfit person to exercise the duties of a justice of the peace, on…
2Cases cited3 opinions
- White v. . CarrollNew York Court of Appeals · 1870
- Gottbehuet v. HubachekWisconsin Supreme Court · 1875
- Weil v. AltenhofenWisconsin Supreme Court · 1870
3Cited by7 opinions
- Children v. ShinnSupreme Court of Iowa · 1915
- Augusta Evening News v. RadfordSupreme Court of Georgia · 1893
- Buckstaff v. ViallWisconsin Supreme Court · 1893
- Adamson v. RaymerWisconsin Supreme Court · 1896
- Brown v. VannamanWisconsin Supreme Court · 1893
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