Adamson v. Raymer
Wisconsin Supreme Court
Appeals from orders of the circuit court for Dane county: E. G. SiebeCKee, Circuit Judge. This is an appeal from two orders striking out parts of two separate answers of the defendants as irrelevant and redundant, and requiring other parts to be made more definite and certain.
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Appeals from orders of the circuit court for Dane county: E. G. SiebeCKee, Circuit Judge. This is an appeal from two orders striking out parts of two separate answers of the defendants as irrelevant and redundant, and requiring other parts to be made more definite and certain. The appeal was taken before the enactment of ch. 212, Laws of 1895. The action is for the publication in the newspaper of the defendants, the Madison Democrat, of certain articles alleged to be libelous of the plaintiff. The complaint sets forth three alleged libels as so many separate causes of action. The plaintiff…
1Opinion of the CourtNewman, J.
The ultimate question is whether the proof of facts of the character of those set out in those portions of the answers which were stricken out by the order appealed from can properly be received upon the trial for the purpose of diminishing the damages to which the plaintiff would be otherwise entitled by reason of the publication of the libelous articles. If they can properly be received in evidence for that purpose, they are proper to be pleaded; otherwise, they are not proper to be pleaded. If they were proper to be pleaded and proved, it was error to strike them out from the answers; for…
2Cases cited10 opinions
- Mattice v. . WilcoxNew York Court of Appeals · 1895
- Bradner v. . FaulknerNew York Court of Appeals · 1883
- Wilson v. NoonanWisconsin Supreme Court · 1871
- McCarville v. BoyleWisconsin Supreme Court · 1895
- Eviston v. CramerWisconsin Supreme Court · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Stimson v. StimsonNorth Dakota Supreme Court · 1915
- Lauder v. JonesNorth Dakota Supreme Court · 1904
- Nehrling v. Herold Co.Wisconsin Supreme Court · 1902
- Candrian v. MillerWisconsin Supreme Court · 1898
- Downer v. TubbsWisconsin Supreme Court · 1913
10 more not listed; retrieve them via the Exa API.