Hess v. Gansz
Court of Appeals of Kansas
Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) Defendant’s motion to compel plaintiff to elect on which of the several causes of action, mingled in the same count, he would go to trial, should have been sustained.
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Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) Defendant’s motion to compel plaintiff to elect on which of the several causes of action, mingled in the same count, he would go to trial, should have been sustained. Bliss on Pleading, see. 125. Pike v. Van Wormer, 5 How. 171. R. S. 1889, Sec. 2040; Christal v. Craig, 80 Mo. 367. (2) The testimony offered as to general rumor, information and belief as to plaintiff’s corruption in the issue of bonds to the M. & M. Railroad should have been received as a foundation for defendant’s honest belief as to the truth of the charge and…
1Opinion of the CourtSmith, P. J.
This is an action for libel. The libelous article complained of was published in the Macon Republican, a newspaper of which defendant was the editor and proprietor. The petition alleged that plaintiff had been for many years a practicing lawyer in this State; that he was one of the county judges of Macon county from 1869 to 1873; that he had been city attorney of the city of Macon for twelve years, and that he was a delegate to the national Republican convention in 1888, front this State. The said newspaper article was set out in its entirety in the petition.
The article contained three…
2Cases cited23 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Buckley v. KnappSupreme Court of Missouri · 1871
- Morey v. Morning Journal Ass'nNew York Court of Appeals · 1890
- Edwards v. San Jose Printing & Publishing SocietyCalifornia Supreme Court · 1893
- Brinkman v. HunterSupreme Court of Missouri · 1880
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3Cited by6 opinions
- Yager v. BruceMissouri Court of Appeals · 1906
- Sain v. RooneyMissouri Court of Appeals · 1907
- Peery v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1906
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- Mannix v. the Portland TelegramOregon Supreme Court · 1931
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