Geisler ex rel. Geisler v. Brown
Nebraska Supreme Court
This was an action for libel brought in the district court of Otoe county. The petition was as follows: “Now comes the said plaintiff Clara Geisler by her husband and next friend Frederick Geisler, and says that she is a married woman and that Frederick Geisler is her husband, and that they now are, and were, and had been for along time living happily together as man and wife at and before the grievances hereinafter mentioned, and the said plaintiff says that she is a good,…
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This was an action for libel brought in the district court of Otoe county. The petition was as follows: “Now comes the said plaintiff Clara Geisler by her husband and next friend Frederick Geisler, and says that she is a married woman and that Frederick Geisler is her husband, and that they now are, and were, and had been for along time living happily together as man and wife at and before the grievances hereinafter mentioned, and the said plaintiff says that she is a good, true and honest, kind and upright woman, and as such has always behaved and conducted herself as hereinafter mentioned…
1Opinion of the CourtMaxwell, J.
The charge in the petition is that the defendant published an article relating to the plaintiff entitled “ An inhuman step-mothee.” “ She beats her child over the head with a club.”
In Cooper v. Stone, 24 Wendell, 434, Cowen, J., defines a libel to be any malicious publication against a person, “ tending to blacken his reputation, or expose him to public hatred, contempt, or ridicule.” But it is not every false charge against an individual which is sufficient to sustain an action for damages. In order to authorize a recovery the plaintiff must aver in his petition, and prove on the trial, that…
2Cases cited1 opinion
- Cooper v. StoneNew York Supreme Court · 1840
3Cited by11 opinions
- Fite v. Oklahoma Publishing Co.Supreme Court of Oklahoma · 1930
- McKenney v. CarpenterSupreme Court of Oklahoma · 1914
- World Publishing Co. v. MullenNebraska Supreme Court · 1894
- N. S. Sherman MacH. Co. v. DunSupreme Court of Oklahoma · 1911
- K CORP. v. StewartNebraska Supreme Court · 1995
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