Legal Opinion

Dever v. Montgomery

Supreme Court of Kansas

Decided May 10, 1913No. 18,192PublishedCited by 3 opinions

Appeal from Geary district court.

1Opinion of the Court

The opinion of the court was delivered by

Mason, J.:

Thomas Dever brought action against the publishers of a newspaper for damages on account of a statement printed therein with respect to his conduct as mayor.. A demurrer to his petition was sustained, and he appeals. '

No special damages were alleged, and no circumstances were set out such as to give to the language complained of any other than its ordinary effect. The question presented is whether the published article is libelous in itself, assuming it to be false. It is of that character if it tends to subject the plaintiff to disgrace,…

2Cases cited3 opinions

  1. Eckert v. VanPeltSupreme Court of Kansas · 1904
  2. Schreiber v. GunbySupreme Court of Kansas · 1910
  3. State ex rel. Jackson v. School District No. 1Supreme Court of Kansas · 1909

3Cited by3 opinions

  1. Jerald v. HoustonSupreme Court of Kansas · 1927
  2. Herald-Post Publishing Company v. HerveyCourt of Appeals of Texas · 1955
  3. Chauffeurs, Teamsters and Helpers Local Union No. 795 v. Kansans for the Right to WorkSupreme Court of Kansas · 1962

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