Maxwell v. Kennedy
Wisconsin Supreme Court
. APPEAL from the County Court of Dodge County. This action, for slander, was commenced in the circuit court for Dodge county. The words alleged in the original complaint to have been spoken by defendant, charged plaintiff with being a horse-thief.
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. APPEAL from the County Court of Dodge County. This action, for slander, was commenced in the circuit court for Dodge county. The words alleged in the original complaint to have been spoken by defendant, charged plaintiff with being a horse-thief. Defendant’s evidence on the first-trial tended to show that the words actually spoken by him merely charged that plaintiff had the reputation of being a horse-thief; and the jury were instructed that if that was the charge actually made, plaintiff could not recover under the complaint. A verdict having been found for the defendant, a new trial was…
1Opinion of the Court
ObtoN, JV
We can find no error in the record, except in the giving of a wrong instruction, and in the refusal to give a proper instruction requested, in respect to the mitigation of damages. It may be that an order granting a new trial is reviewable upon an appeal from the final judgment, as an “ order involving the merits and necessarily affecting the judgment.” 4 Wait’s Pr., 343. But this we do not decide. The better practice, however, would seem to be, to appeal directly from such an order, and, in the event of its refusal, the expenses of the second trial would be saved, and the necessity…
2Cases cited6 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- King v. RootCourt for the Trial of Impeachments and Correction of Errors · 1829
- Carpenter v. ShepardsonWisconsin Supreme Court · 1877
- B— v. I—Wisconsin Supreme Court · 1867
- Montgomery v. Town of SoottWisconsin Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Jacque v. Steenberg Homes, Inc.Wisconsin Supreme Court · 1997
- Lampert v. Judge & Dolph Drug Co.Supreme Court of Missouri · 1911
- Malco, Inc. v. Midwest Aluminum Sales, Inc.Wisconsin Supreme Court · 1961
- Press Pub. Co. v. MonroeCourt of Appeals for the Second Circuit · 1896
- Schippel v. NortonSupreme Court of Kansas · 1888
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