Moley v. Barager
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bmjfield County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an appeal from an order overruling a demurrer to the complaint in an action for libel.
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APPEAL from the Circuit Court for Bmjfield County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an appeal from an order overruling a demurrer to the complaint in an action for libel. The complaint contains the usual colloquium, and alleges the publication, September 13, 1888, of the article in question, which is set out in full, with appropriate innuendoes, and is headed, “ JIis HoNob, James Moley,” followed by a cut, — • a representation and picture of a jackass,— and that is followed by the balance of the article, to wit: “Monday was labor day, and it…
1Opinion of the CourtCassoday, J.
It has been repeatedly held by this court, in effect, that a written publibation, though not charging a punishable offense, is libelous goer se if it tends to subject the party to whom it refers to social disgrace, public distrust, hatred, ridicule, or contempt. Bradley v. Cramer, 59 Wis. 309, and cases there cited; Gauvreau v. Superior Pub. Co. 62 Wis. 410. Upon this demurrer, the allegations of the complaint must be taken as true, and hence the things alLeged must be regarded as false, and, as such, knowingly published by the defendant. Gauvreau v. Superior Pub. Co. 62 Wis. 407. It is for…
2Cases cited3 opinions
- Bradley v. CramerWisconsin Supreme Court · 1884
- Solverson v. PetersonWisconsin Supreme Court · 1885
- Gauvreau v. Superior Publishing Co.Wisconsin Supreme Court · 1885
3Cited by6 opinions
- Morse v. Times-Republican Printing Co.Supreme Court of Iowa · 1904
- Schultz v. Frankfort Marine, Accident & Plate Glass InsuranceWisconsin Supreme Court · 1913
- Snavely v. BoothSuperior Court of Delaware · 1935
- Scofield v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1905
- Gloria v. a Colonia PortuguesaCalifornia Court of Appeal · 1933
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