Legal Opinion

Stroebel v. Whitney

Supreme Court of Minnesota

Decided January 11, 1884PublishedCited by 18 opinions

Appeal by defendants from an order of the district court for Blue Earth county, Severance, J., presiding, overruling a general demurrer to the complaint.

1Opinion of the CourtMitchell, J.

Action for defamation. The principle of common sense which now governs in the construction of words in such actions, is that courts will understand them as other people would. The question always is, how would ordinary men naturally understand the language ? It is going too far to argue that words must necessarily bear a criminal import, in order to render them actionable per se. It is not enough to show by ingenious argument that they might, possibly admit of some other meaning. The question is whether, in the ordinary acceptation of the language, a person could reasonably doubt its…

2Cases cited2 opinions

  1. Proctor v. OwensIndiana Supreme Court · 1862
  2. Lewis v. HudsonSupreme Court of Georgia · 1872

3Cited by18 opinions

  1. Democrat Publishing Co. v. JonesTexas Supreme Court · 1892
  2. Robertson v. EdelsteinWisconsin Supreme Court · 1899
  3. Davis v. SladdenOregon Supreme Court · 1889
  4. Brill v. Minnesota Mines, Inc.Supreme Court of Minnesota · 1937
  5. State v. ShippmanSupreme Court of Minnesota · 1901

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