Legal Opinion · Dissent

Wisner v. Nichols

Supreme Court of Iowa

Decided November 20, 1913Published

Appeal from Hardin District Court. — Hon. R M. Wright, Judge. Action for libel. From ruling and judgment for costs on motion to strike amended and substituted petition, the plaintiff appeals. —

1DissentWeaver, C. J.

dissenting.- — -With the holding of the majority as to the effect of plaintiff’s act in repleading the substance of a petition to which a demurrer or motion to strike has been sustained I am not disposed to take issue. I am, however, wholly unable to concur in the more vital proposition that the petition either in its original or amended form states a cause of action. The majority seems to agree with this view so far as it relates to the publication complained of in the third count of the petition, and I therefore limit my examination of the case to the libel, so called, stated in the first…

2Cases cited15 opinions

  1. Pollard v. LyonSupreme Court of the United States · 1876
  2. Crashley v. . Press Publishing Co.New York Court of Appeals · 1904
  3. Strauss v. MeyerIllinois Supreme Court · 1868
  4. Pratt v. Pioneer Press Co.Supreme Court of Minnesota · 1882
  5. Bank v. Bowdre Bros.Tennessee Supreme Court · 1893

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