Englund v. Townley
North Dakota Supreme Court
Appeal from the District Court of Ward County, Leighton, J. Defendants appeal from an order overruling a general demurrer to the complaint. Attorneys’ fees under the law are not proper elements of damage, and therefore should be stricken out as surplusage. 25 Cyc. 535; Grotius v. Eoss, 24 Ind.
Read the full summary
Appeal from the District Court of Ward County, Leighton, J. Defendants appeal from an order overruling a general demurrer to the complaint. Attorneys’ fees under the law are not proper elements of damage, and therefore should be stricken out as surplusage. 25 Cyc. 535; Grotius v. Eoss, 24 Ind. App. 543, 57 N. E. 46; Irlbeck v. Bierle, 84 Iowa, 47, 50 N. W. 36. In all actions of libel where the words charged do not constitute libel per se, special damages must be alleged in order to constitute a cause of action. 17 E. C. L. 391; Gustin v. Evening Press Co. (Mich.) 137 N. E. 674. Unless the…
1Opinion of the Court
Christianson, Oh. J.
This is an action for libel. The defendants interposed a demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled, and defendants appeal.
The complaint, the sufficiency of which is the sole question here, in substance charges:
That the plaintiff is an elector and citizen of this state, and a state senator from the second legislative district, and during the fifteenth legislative session was such state senator.
That during said legislative session the defendants conspired together and agreed to…
2Cases cited2 opinions
- Lauder v. JonesNorth Dakota Supreme Court · 1904
- McCue v. Equity Co-Operative Publishing Co.North Dakota Supreme Court · 1918
3Cited by6 opinions
- Jacobson v. State, Department of State HighwaysNorth Dakota Supreme Court · 1938
- McGurren v. City of FargoNorth Dakota Supreme Court · 1954
- Roethke v. North Dakota Taxpayers Asso.North Dakota Supreme Court · 1943
- Murphy v. Farmers Educational & Cooperative UnionNorth Dakota Supreme Court · 1955
- Stern v. GrayNorth Dakota Supreme Court · 1941
1 more not listed; retrieve them via the Exa API.