Legal Opinion

Loibl v. Breidenbach

Wisconsin Supreme Court

Decided November 5, 1890PublishedCited by 6 opinions

APPEAL from the Circuit Court for Waukesha County. The following statement of the case was prepared by Mr. Justice Taylob as a part of the opinion: This action was brought by the respondent to recover damages of the appellant for publishing a libel against him in the Eagle News, a weekly newspaper, printed and published in the town of Eagle.

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APPEAL from the Circuit Court for Waukesha County. The following statement of the case was prepared by Mr. Justice Taylob as a part of the opinion: This action was brought by the respondent to recover damages of the appellant for publishing a libel against him in the Eagle News, a weekly newspaper, printed and published in the town of Eagle. The facts in regard to this •case are substantially as follows: The plaintiff and defendant were members of the same Catholic church in said town. The plaintiff had been secretary of said church previous to November 2, 1888, and on that day had settled…

1Opinion of the CourtTatloe, J.

It was not insisted upon this appeal that there is not sufficient evidence in the case to sustain the *52verdict, but it is insisted that the learned circuit judge erred in Ms instructions to the jury, and in refusing to give an instruction asked by the defendant.

It is urged by the learned counsel for the defendant that as the plaintiff in his complaint had alleged that the libelous article was published in a certain newspaper, naming the same, and there being no allegation of any other publication, it was incumbent on the plaintiff (such publication having been denied by the defendant) to prove…

2Cases cited8 opinions

  1. Goodrich v. WarnerSupreme Court of Connecticut · 1852
  2. Fuller v. Madison Mutual InsuranceWisconsin Supreme Court · 1875
  3. Downs v. HawleyMassachusetts Supreme Judicial Court · 1873
  4. Tisher v. BeckwithWisconsin Supreme Court · 1872
  5. Sanger v. DunWisconsin Supreme Court · 1879

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

3Cited by6 opinions

  1. Arnold v. IngramWisconsin Supreme Court · 1913
  2. Ex parte NelsonSupreme Court of Missouri · 1913
  3. Farley v. Evening Chronicle Publishing Co.Missouri Court of Appeals · 1905
  4. Monson v. LathropWisconsin Supreme Court · 1897
  5. German Bank v. MuthWisconsin Supreme Court · 1897

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

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