Legal Opinion

Legg v. Dunleavy

Supreme Court of Missouri

Decided October 15, 1883PublishedCited by 14 opinions

Appeal from St. Louis Court of Appeals. A publication affecting one in his office or trade, if false, is libelous per se, and special damages need not be alleged or proved. Kimball v. Fennander, 21 Wis. 834 ; Pollard r. Lyon, 91 U. S. 226 : Weiss v. Whitman, 28 Mich 366; Butler v. Homes, 7 Cal. 87; Wilson v. Fitch, 41 Cal. 386; White v. Nichols, 3 How.

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Appeal from St. Louis Court of Appeals. A publication affecting one in his office or trade, if false, is libelous per se, and special damages need not be alleged or proved. Kimball v. Fennander, 21 Wis. 834 ; Pollard r. Lyon, 91 U. S. 226 : Weiss v. Whitman, 28 Mich 366; Butler v. Homes, 7 Cal. 87; Wilson v. Fitch, 41 Cal. 386; White v. Nichols, 3 How. (U. S.) 285 ; Orr v. Scofield,.56 Me. 487. The meaning of the words “ supervising architect ” being commonly known, it was not necessary by prefatory allegations to aver their meaning. Bowman v. Piper, 91 U. S. 37; Wharton Ev., § 282 ; Bliss’…

1Opinion of the Court

Ewing, C.

This is an action for libel by the appellant. Judgment in the St. Louis circuit court for defendants-Appealed to the St. Louis court of appeals where the judgment was affirmed and brought here for review. The judgment of the circuit court was affirmed upon the ground that the. petition does not state a cause of action. And it will be therefore necessary to set out the petition in full which is as follows. The plaintiff complains and alleges :

1. That the plaintiff, on the 6th day of August, 1879, was, and for several years prior thereto, had been and still is an architect and…

2Cases cited8 opinions

  1. Pollard v. LyonSupreme Court of the United States · 1876
  2. Nelson v. MusgraveSupreme Court of Missouri · 1847
  3. Price v. WhitelySupreme Court of Missouri · 1872
  4. Bundy v. HartSupreme Court of Missouri · 1870
  5. Dyer v. MorrisSupreme Court of Missouri · 1835

3 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
  2. Jacobs v. Transcontinental & Western Air, Inc.Supreme Court of Missouri · 1948
  3. Mitchell v. Bradstreet Co.Supreme Court of Missouri · 1893
  4. Ukman v. Daily Record Co.Supreme Court of Missouri · 1905
  5. Swafford v. MillerMissouri Court of Appeals · 1986

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