Hamlin v. Fantl
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: JohN Goodlawd, Circuit Judge. Action for slander, in which the complaint alleged, and the evidence proved substantially without contradiction, that defendant said to and of the plaintiff, in the presence and hearing of others: “You stinker! Stinker! You robber! You thief! You stole my land. You stole my money” — which, according to all the witnesses except defendant, was all that was said upon the occasion.
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Appeal from a judgment of the circuit court for Outa-gamie county: JohN Goodlawd, Circuit Judge. Action for slander, in which the complaint alleged, and the evidence proved substantially without contradiction, that defendant said to and of the plaintiff, in the presence and hearing of others: “You stinker! Stinker! You robber! You thief! You stole my land. You stole my money” — which, according to all the witnesses except defendant, was all that was said upon the occasion. The defendant testified that, in addition and as preliminary to these remarks, she asked plaintiff if he was ready to…
1Opinion of the CourtDodge, J.
The trial of this action was so pervaded by two errors that discussion of most of the specific assignments of error is rendered unprofitable, as they result from the view taken by the court upon the more general subjects. The first of these two dominant errors consists in holding that a previous controversy between plaintiff and defendant, of which most of the hearers of the slanderous words had no knowledge, might be offered in evidence and considered by the jury in deciding whether the words charged in the complaint and conclusively proved to have been uttered were used by the defendant and…
2Cases cited13 opinions
- Hunt v. . BennettNew York Court of Appeals · 1859
- Snyder v. AndrewsNew York Supreme Court · 1849
- Hayes v. . BallNew York Court of Appeals · 1878
- Bourreseau v. Detroit Evening Journal Co.Michigan Supreme Court · 1886
- Robertson v. EdelsteinWisconsin Supreme Court · 1899
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Culver v. MarxWisconsin Supreme Court · 1914
- Kloths v. HessWisconsin Supreme Court · 1906
- M v. JWisconsin Supreme Court · 1916
- McCall v. SustairSupreme Court of North Carolina · 1911