Downer v. Tubbs
Wisconsin Supreme Court
Appeal from an order of tbe municipal court of Outa-gamie county: Thomas H. EyaN, Judge. Action for damages for libeling plaintiff. Tbe complaint, in substance, is as follows: For a long time prior to tbe publication hereafter mentioned, plaintiff bad been superintendent of tbe asylum for chronic insane in Outa-gamie county, Wisconsin, under supervision of a board of trustees and direction of the county board.
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Appeal from an order of tbe municipal court of Outa-gamie county: Thomas H. EyaN, Judge. Action for damages for libeling plaintiff. Tbe complaint, in substance, is as follows: For a long time prior to tbe publication hereafter mentioned, plaintiff bad been superintendent of tbe asylum for chronic insane in Outa-gamie county, Wisconsin, under supervision of a board of trustees and direction of the county board. As such superintendent he was accustomed to expend public money for permanent improvements and to uniformly report and keep account thereof under the head of “Permanent improvements.”…
1Opinion of the CourtMarshall, J.
We are unable to, efficiently, follow the logic of counsel for respondents in support of the decision complained of. It seems to proceed upon the theory that a plaintiff must state a cause of action with technical accuracy and unmistakable clearness in order to satisfy the test of sufficiency. Certainty to a common intent is all that is necessary, generally, even, on a motion to make more definite and certain. On a challenge for insufficiency every reasonable intendment is to be taken in favor of the pleading, all facts deemed pleaded which are set foxth expressly or are suggested *180by fair…
2Cases cited8 opinions
- Bradley v. CramerWisconsin Supreme Court · 1884
- Scofield v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1905
- Robertson v. EdelsteinWisconsin Supreme Court · 1899
- Buckstaff v. ViallWisconsin Supreme Court · 1893
- Adamson v. RaymerWisconsin Supreme Court · 1896
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3Cited by12 opinions
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- Dennis A. Teague v. Brad D. SchimelWisconsin Supreme Court · 2017
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