Calkins v. Sumner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. , Complaint, that the defendant, in a discourse concerning testimony which the plaintiff had given in a certain action before a justice of the peace, falsely and maliciously said of the plaintiff: “ I never heard him swear (meaning, give evidence in a judicial trial) but once. In a case between myself and Mm for sand, he swore it on to me.
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APPEAL from the Circuit Court for Rock County. , Complaint, that the defendant, in a discourse concerning testimony which the plaintiff had given in a certain action before a justice of the peace, falsely and maliciously said of the plaintiff: “ I never heard him swear (meaning, give evidence in a judicial trial) but once. In a case between myself and Mm for sand, he swore it on to me. I thought he would swear to the truth, but he swore to a lie ” (meaning that the plaintiff committed perjury). The answer was, that the words were spoken by the defendant on his examination as a witness, upon…
1Opinion of the Court
By the Court,
Dixosr, C. J.
There can be no doubt that tbe circuit judge was in error when be decided that upon tbe facts admitted by tbe pleadings, tbe burden of proof as to malice, was upon tbe defendant; that it was for bim to show that tbe words were spoken in good faith and from justifiable motives, instead of it being for tbe plaintiff to prove that they arose from feelings of malignity, or that, there was malice in fact. To support an action for verbal or written *196s^an<^er’ ^ *s necessary that tbe charges should be false, and that they should be maliciously made. And although -where the…
2Cited by62 opinions
- Briscoe v. LaHueSupreme Court of the United States · 1983
- Rehberg v. PaulkSupreme Court of the United States · 2012
- Moore v. McDonaldCourt of Appeals for the Fifth Circuit · 1994
- Yaselli v. GoffCourt of Appeals for the Second Circuit · 1926
- Brown v. Birman Managed Care, Inc.Tennessee Supreme Court · 2001
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