Stieber v. Wensel
Supreme Court of Missouri
Appeal from St. Louis Law Commissioner’s Court. The petition alleged that the defendant spoke, in the German language, of and concerning the plaintiff, Mrs. Stieber, and another woman, false and slanderous words, which being translated were as follows : “ Ye are whores ; ye carry on roguery and are rogues; ye go to church and whore with the priests.” The petition contained no other material averment, and stated no special damage.
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Appeal from St. Louis Law Commissioner’s Court. The petition alleged that the defendant spoke, in the German language, of and concerning the plaintiff, Mrs. Stieber, and another woman, false and slanderous words, which being translated were as follows : “ Ye are whores ; ye carry on roguery and are rogues; ye go to church and whore with the priests.” The petition contained no other material averment, and stated no special damage. A demurrer was overruled, and after judgment for the plaintiff, the defendant moved in arrest of judgment, which motion being overruled, he appealed to this court.…
1Opinion of the CourtGamble, Judge
1. The tenth section of the seventh article of the code of practice provides : “ That, in an action for libel or slander, it *514shall not be necessary to state in the petition any extrinsic facts,, for the purpose of showing the application to the plaintiff of the defamatory matter out, of which the cause of action arose but it shall be sufficient to state generally that the same was published or spoken concerning the plaintiff.” The form of such petition, given in the code, corresponds with this provision. The petition, in the present case, is good under the code, as it alleges that the words…
2Cited by16 opinions
- Tilles v. Pulitzer Publishing Co.Supreme Court of Missouri · 1912
- Fensky v. Maryland Casualty Co.Supreme Court of Missouri · 1915
- Barber v. St. Louis Dispatch Co.Missouri Court of Appeals · 1877
- Davis v. SladdenOregon Supreme Court · 1889
- Butts v. LongMissouri Court of Appeals · 1902
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