Spurlock v. Lombard Investment Co.
Missouri Court of Appeals
Appeal from the Morgan Circuit Court.—Hon. D. W. Shackleford, Judge. (1) The amended petition does not state a cause of action,' and the motion in arrest of judgment should have been sustained. First. The publication was not libelous per se, and no special damages were alleged. The question whether the publication is libelous or not is one of law for the court where there is no ambiguity. There can be but one meaning attached to the publication.
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Appeal from the Morgan Circuit Court.—Hon. D. W. Shackleford, Judge. (1) The amended petition does not state a cause of action,' and the motion in arrest of judgment should have been sustained. First. The publication was not libelous per se, and no special damages were alleged. The question whether the publication is libelous or not is one of law for the court where there is no ambiguity. There can be but one meaning attached to the publication. There is no ambiguity, and the publication upon its face is not libelous. McGinnis v. George Knapp & Go., 109 Mo. 131; Wooclniff v. Braclstrcet &…
1Opinion of the CourtSmith, P. J.
This is an action of libel. The petition, among other things, alleged that the defendant was a business corporation in this state, engaged in loaning money on real estate, and that the other defendant, Mounts, was the owner and editor of the “Versailles Statesman,” a newspaper printed and published in the city of Versailles, in this state; that plaintiff was engaged in the practice' of law, buying and selling lands and town lots, building houses, farming, and doing a large business, and was the owner of a large hotel in the said city of Versailles, where he lived and enjoyed a large credit…
2Cases cited20 opinions
- Moore v. . FrancisNew York Court of Appeals · 1890
- Greencastle Township v. BlackIndiana Supreme Court · 1854
- Newbold v. J. M. Bradstreet & SonCourt of Appeals of Maryland · 1881
- Woodruff v. . Bradstreet Co.New York Court of Appeals · 1889
- McGinnis v. George Knapp & Co.Supreme Court of Missouri · 1891
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3Cited by5 opinions
- Coonis v. RogersSupreme Court of Missouri · 1968
- Ukman v. Daily Record Co.Supreme Court of Missouri · 1905
- Walsh v. Pulitzer Publishing Co.Supreme Court of Missouri · 1913
- Moritz v. Kansas City Star Co.Supreme Court of Missouri · 1953
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910