Meriwether v. Publishers
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. (1) Tire evidence is conclusive that tire omission to include the replication in the report of the proceedings in court was not malicious hut by inadvertence. (2) The replication was in no sense material to a proper understanding of the judicial proceedings. Blondeau v. Sheridan, 81 Mo. 54'5; Sheehan v. Sims, 36 Mo. App. 224; Turner v. Butler, 126 Mo. 131; Howell y.
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Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. (1) Tire evidence is conclusive that tire omission to include the replication in the report of the proceedings in court was not malicious hut by inadvertence. (2) The replication was in no sense material to a proper understanding of the judicial proceedings. Blondeau v. Sheridan, 81 Mo. 54'5; Sheehan v. Sims, 36 Mo. App. 224; Turner v. Butler, 126 Mo. 131; Howell y. Reynolds Co., 51 Mo. 154; Nelson v. Wallace, 48 Mo. App. 193; Crow v. Railroad, 57 Mo. App. 135, (3) Tire question of the materiality of the replication…
1Opinion of the CourtLamm, P. J.
— Libel. Once here on appeal from a $10,000 judgment and reversed and remanded for a new trial (Meriwether v. Knapp & Co,, 211 Mo. 199), the cause comes up again from a judgment for $6,000. There is no call to restate the facts, since the former opinion should he read with this, and they sufficiently appear there. When the case went down plaintiff stood on his old petition; hut defendant filed an amended answer eliminating matter of justification and mitigation. The gist of that answer was that it published a fair newspaper report of judicial action in a matter of public interest, viz., a…
2Cases cited8 opinions
- American Publishing Co. v. GambleTennessee Supreme Court · 1905
- Gracey v. City of St. LouisSupreme Court of Missouri · 1909
- Palmer v. MahinCourt of Appeals for the Eighth Circuit · 1903
- Wagner v. ScottSupreme Court of Missouri · 1901
- Meriwether v. George Knapp & Co.Supreme Court of Missouri · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wahl v. CunninghamSupreme Court of Missouri · 1932
- MacHeca v. FowlerSupreme Court of Missouri · 1967
- Cornelius v. CorneliusSupreme Court of Missouri · 1911
- Fisher v. MyersSupreme Court of Missouri · 1936
- Barrett v. Stoddard CountySupreme Court of Missouri · 1917
3 more not listed; retrieve them via the Exa API.