Niblo v. Ede
South Dakota Supreme Court
Appeal from Circuit Court, Beadle County. Hon. A uva E. Tayuor, Judge. Action by John L. Niblo ag-ainst Ernest D. Ede, -to recover damages for libel. From an order overruling a demurrer to the complaint, defendant appeals. (2) Under point two of the opinion, Appellant cited. Orms■by v. Douglas, 37 N. Y. 472. (3) Under -point three, Appellant cited: 5 En-cy. PI. & Pr., 776-7; Zier v. Hoffin, 33 'Minn. 66, 53 Am. Rep. 9 ; New'bold v. Bradstreet, 57 Md. 38, 40 Am.
Read the full summary
Appeal from Circuit Court, Beadle County. Hon. A uva E. Tayuor, Judge. Action by John L. Niblo ag-ainst Ernest D. Ede, -to recover damages for libel. From an order overruling a demurrer to the complaint, defendant appeals. (2) Under point two of the opinion, Appellant cited. Orms■by v. Douglas, 37 N. Y. 472. (3) Under -point three, Appellant cited: 5 En-cy. PI. & Pr., 776-7; Zier v. Hoffin, 33 'Minn. 66, 53 Am. Rep. 9 ; New'bold v. Bradstreet, 57 Md. 38, 40 Am. Rep. 426; Cooley, Torts, 203-205; W. H. Hlirshfield v. Port Worth National Bank et al., 15 L,. R. A. 642; Walker v. Tribune C:o., 29…
1Opinion of the CourtSmith, J.
Appeal from an order overruling a demurrer to a complaint ini an action for libel. The plaintiff was a candidate for nomination as a member of the legislative assembly from Beadle county, at the March, 1914, primaries. Thi.s fact appears from the alleged libe-lo-us article set out ‘ in full in the c-omplaint. The portion of the article charged to be libelous is as follows:
“I hope you will join with me in desiring to see the defeat 0,f v * v John Niblo as candidates for the lower house. I believe -that you will confer a favor upon Beadle county by doing what you can to defeat them. Both are…
2Cases cited4 opinions
- Mattice v. . WilcoxNew York Court of Appeals · 1895
- Myers v. LongstaffSouth Dakota Supreme Court · 1900
- Howe v. ThompsonSouth Dakota Supreme Court · 1914
- Sherin v. EastwoodSouth Dakota Supreme Court · 1911
3Cited by4 opinions
- Egan v. DotsonSouth Dakota Supreme Court · 1915
- Brodsky v. Journal Publishing Co.South Dakota Supreme Court · 1950
- Fendrich v. LauckSouth Dakota Supreme Court · 1981
- Fendrich v. LauckSouth Dakota Supreme Court · 1981