Cline v. Whitaker
Wisconsin Supreme Court
'Appeal from a judgment of the circuit court for Milwaukee county: Orrew T. Williams, Circuit Judge. Plaintiff commenced an action to recover damages from defendant for, as cliarged, Raving maliciously injured his business by publishing and distributing circulars containing false and defamatory statements concerning it.
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'Appeal from a judgment of the circuit court for Milwaukee county: Orrew T. Williams, Circuit Judge. Plaintiff commenced an action to recover damages from defendant for, as cliarged, Raving maliciously injured his business by publishing and distributing circulars containing false and defamatory statements concerning it. Upon a complaint stating a cause of'action for damages for the wrong alleged, and an affidavit to the effect that such wrong was continuous and was threatened to be seriously active pending the litigation, supported by an affidavit by one Johnson, the court granted a temporary…
1Opinion of the CourtMaRshall, J.
Is a temporary order void, made by a circuit court incidental to an action therein for damages for publication and circulation, by the one restrained, of circulars, con*441taining libelous matter of and concerning plaintiff and bis business, preventing continuation of tbe wrong pending tbe action % That is tbe vital question upon tbis appeal.
However erroneous tbe order in question may bave been, or even if it were jurisdictionally bad, in tbe sense of inexcusable use of judicial authority, as distinguished from want of power under any circumstances to make tbe same, it was binding on appellant…
2Cases cited4 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- State ex rel. Rose v. Superior Court of Milwaukee CountyWisconsin Supreme Court · 1900
- Palmer v. Mayor of New YorkThe Superior Court of New York City · 1853
- State ex rel. Flower v. Circuit Court for Green Lake CountyWisconsin Supreme Court · 1898
3Cited by22 opinions
- Oriel v. RussellSupreme Court of the United States · 1929
- Laun v. KippWisconsin Supreme Court · 1914
- John F. Jelke Co. v. BeckWisconsin Supreme Court · 1932
- Galloway v. StateWisconsin Supreme Court · 1966
- Seyfert v. SeyfertWisconsin Supreme Court · 1930
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