Legal Opinion

Wilson v. Noonan

Wisconsin Supreme Court

Decided June 15, 1868PublishedCited by 13 opinions

APPEAL from the Circuit Court for Milwaukee County. Action for libel. The alleged libelous words are stated in the complaint. The defendant appealed from an order overruling a demurrer to the complaint, as not stating a cause of action.

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APPEAL from the Circuit Court for Milwaukee County. Action for libel. The alleged libelous words are stated in the complaint. The defendant appealed from an order overruling a demurrer to the complaint, as not stating a cause of action. A. C. Fraser, for respondent, as to the rules of interpretation of alleged libels, cited Cowper, 272 (678); 9 East, 93 (94); 13 Mass. 248 (254); 3 Cow. 239, 240; 5 id. 515; 6 id. 77; 3 Barb. 633 ; 1 Denio, 358; 16 Pick. 57; 20 id. 216; 1 Starkie on Slander, 44; 11 Johns. 592; 19 Conn. 94; 1 Mees. & W. 244; 2 Wend. 536; 8 id. 577; 21 id. 71; 23 id. 424 ; 3…

1Opinion of the CourtCole, J.

We are of the opinion that the demurrer in this case was rightly overruled. The action is for libel. The defamatory publication is set forth in the complaint, accompanied with prefatory circumstances, colloquium and inuendoes, which apply the slanderous charge to the plaintiff. It is contended that the complaint is defective, because it does not contain any publication of matter slanderous in itself, nor state such intrinsic facts as to show the actionable quality of the publication. It appears to us that the article in question is prima facie libelous, and that it charges the plaintiff with…

2Cited by13 opinions

  1. Sillars v. CollierMassachusetts Supreme Judicial Court · 1890
  2. Smith v. UtleyWisconsin Supreme Court · 1896
  3. Lauder v. JonesNorth Dakota Supreme Court · 1904
  4. Pfister v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1909
  5. Augusta Evening News v. RadfordSupreme Court of Georgia · 1893

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