Legal Opinion

Schaefer v. Schoenborn

Supreme Court of Minnesota

Decided May 10, 1907No. Nos. 15,146-(59)PublishedCited by 1 opinion

Appeal by plaintiff from an order of the district court for Wilkin county, Flaherty, J., sustaining a demurrer to the fourth, fifth, sixth, seventh, eighth, ninth and tenth causes of action alleged in the amended complaint.

1Opinion of the CourtStart, C. J.

Action for slander. The complaint purports to allege ten separate causes of action in as many counts for words spoken on a like number of occasions. The defendant demurred to each count, except the first three, and it was sustained by the order of the trial court, from which the plaintiff appealed.

The rules of law by which the sufficiency of the allegations of the complaint must be tested are well settled in this state. Spoken words are not actionable per se, unless they charge the commission of a crime; but it is not necessary that the charge be made in direct terms, for such words are…

2Cases cited6 opinions

  1. Stroebel v. WhitneySupreme Court of Minnesota · 1884
  2. Blakeman v. BlakemanSupreme Court of Minnesota · 1884
  3. Richmond v. PostSupreme Court of Minnesota · 1897
  4. Johnson v. ForceSupreme Court of Minnesota · 1900
  5. Radke v. KolbeSupreme Court of Minnesota · 1900

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Beek v. NelsonSupreme Court of Minnesota · 1914

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