Eviston v. Cramer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwauf&ee County. • Action for libel. Upon a former appeal in the cause, it was held-on demurrer that the publication in question was prima facie libelous. 47 Wis., 6H9. Subsequently the defendants answered, admitting the publication, and, besides denying malice and intent to injure the plaintiff, alleged, in effect, the truth of' the facts stated in the article in justification of the publication, and also set up the same facts and…
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APPEAL from the Circuit Court for Milwauf&ee County. • Action for libel. Upon a former appeal in the cause, it was held-on demurrer that the publication in question was prima facie libelous. 47 Wis., 6H9. Subsequently the defendants answered, admitting the publication, and, besides denying malice and intent to injure the plaintiff, alleged, in effect, the truth of' the facts stated in the article in justification of the publication, and also set up the same facts and circumstances in mitigation of damages, and claimed that, under the facts and circumstances so set forth in the answer, the…
1Opinion of the CourtCassoday, J.
The statute gives to the defendant, in an action for libel or slander, the right to allege in his answer both the truth of the matter charged as defamatory, and any miti*222gating circumstances, to reduce the amount of damages. Sections 2677-S, R. S. The statute goes still further, and gives such defendant the right, whether he prove the justification-or not, to give in evidence the mitigating circumstances. Section 2678, R. S. These sections of the statute were in force at the time of the publication in cuestión. Sections 26,27, ch. 12.‘í, R. S. 1858. Notwithstanding these express statutory…
2Cases cited13 opinions
- Wilson v. FitchCalifornia Supreme Court · 1871
- Bush v. . ProsserNew York Court of Appeals · 1854
- Van Wyck v. . AspinwallNew York Court of Appeals · 1858
- Wilson v. NoonanWisconsin Supreme Court · 1874
- Hewitt v. Pioneer-Press Co.Supreme Court of Minnesota · 1876
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Earley v. WinnWisconsin Supreme Court · 1906
- Lauder v. JonesNorth Dakota Supreme Court · 1904
- Candrian v. MillerWisconsin Supreme Court · 1898
- Adamson v. RaymerWisconsin Supreme Court · 1896
- Haynes v. Spokane Chronicle Publishing Co.Washington Supreme Court · 1895
5 more not listed; retrieve them via the Exa API.