Boucher v. Clark Publishing Co.
South Dakota Supreme Court
Appeal from circuit court, Clark county. Hon. Julian Be)nnLTT, Judge. Action by Josiah Boucher against the Clark Publishing Company for libel. From a judgment for plaintiff, defendant appeals. The printed article in question was not libelous per se and as no special damages were alleged, or from appellant’s objection to the introduction of any evidence under the complaint and its motion to direct a verdict should have been sanctioned. 13 Am. and Eng.
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Appeal from circuit court, Clark county. Hon. Julian Be)nnLTT, Judge. Action by Josiah Boucher against the Clark Publishing Company for libel. From a judgment for plaintiff, defendant appeals. The printed article in question was not libelous per se and as no special damages were alleged, or from appellant’s objection to the introduction of any evidence under the complaint and its motion to direct a verdict should have been sanctioned. 13 Am. and Eng. Ency. of law, 435, 436; Pollard v. Eynn, 91 U. S. 308; Cooley on Torts. 196; Black’s Law Diet. 618. The conduct of public servants and all…
1Opinion of the CourtHaney, J.
It is alleged in the complaint that on October 6, 1898, defendant published of and concerning the plaintiff, who was the sheriff of Clark county, and a candidate for re-election, the following false, scandalous, and defamatory matters: “It is known that Sheriff Boucher is staking his hope of re-election upon obtaining votes through promises of putting men on the jury at the December term of court and afterwards. It is stated upon reliable authority that within the last few days he has approached several republicans, and offered to put them on the jury at the December term of court if they…
2Cases cited6 opinions
- Kentfield v. HayesCalifornia Supreme Court · 1881
- Wells v. ApplegateOregon Supreme Court · 1885
- Myers v. LongstaffSouth Dakota Supreme Court · 1900
- Gale v. FossSupreme Court of Missouri · 1871
- Hexter v. SchneiderOregon Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Resurrection Gold Min. Co. v. Fortune Gold Min. Co.Court of Appeals for the Eighth Circuit · 1904
- Harrold v. Territory of OklahomaCourt of Appeals for the Eighth Circuit · 1909
- Egan v. DotsonSouth Dakota Supreme Court · 1915
- Ross v. WardSouth Dakota Supreme Court · 1901
- Williams v. BlackSouth Dakota Supreme Court · 1910
5 more not listed; retrieve them via the Exa API.