Sans v. Joerris
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Action for maliciously writing and publishing of the defendant, a minister of the Evangelical Lutheran Church, the following libel: “ Who and what is Mr. Sans ? * * He had not been here [at Watertown] long, before bad rumors concerning him or a man bearing his name, originated. At that time I had the confidence of Mr. Sans, and told him about it.
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APPEAL from the Circuit Court for Jefferson County. Action for maliciously writing and publishing of the defendant, a minister of the Evangelical Lutheran Church, the following libel: “ Who and what is Mr. Sans ? * * He had not been here [at Watertown] long, before bad rumors concerning him or a man bearing his name, originated. At that time I had the confidence of Mr. Sans, and told him about it. He had already heard of it, and told me, among other things, ‘ There is a worthless wretch bearing my name in America, but I am not he, and I am sorry to be taken for that good-for-nothing fellow.’…
1Opinion of the Court
By the Court,
Dixoít, C. J.
Tbe judgment in tbis case must be reversed and a new trial granted. Tbe plaintiff’s counsel requested tbe court to instruct tbe jury tbat tbe proof on tbe part of tbe defendant was admitted, not to justify or prove tbe truth of tbe alleged libel, but in mitigation of damages; which was refused. Tbe court likewise instructed tbe jury tbat if they found that tbe defendant bad tbe conversation with tbe plaintiff set out in tbe libel, and published tbe libel *667without malice in fact, they must find him not guilty. The law is well settled that it is no justification in an…
2Cases cited3 opinions
- Dole v. LyonNew York Supreme Court · 1813
- Skinner v. GrantSupreme Court of Vermont · 1840
- Clarkson v. M'CartyIndiana Supreme Court · 1841
3Cited by9 opinions
- Morse v. Times-Republican Printing Co.Supreme Court of Iowa · 1904
- Falkner v. Northern States Power Co.Wisconsin Supreme Court · 1977
- Metzger v. Wisconsin Department of TaxationWisconsin Supreme Court · 1967
- Wilson v. NoonanWisconsin Supreme Court · 1874
- Richland School Township v. OvermyerIndiana Supreme Court · 1905
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