Curtis v. Moore
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. Slander. The words were, “ That if ever a man swore false, Ourtis did;” • “ Curtis swore to an up and down lie;” “If I had sworn as Curtis swore, I would have sworn to a lie.” The other allegations of the complaint are sufficiently stated in the opinion of the court.
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APPEAL from the Circuit Court for Dodge County. Slander. The words were, “ That if ever a man swore false, Ourtis did;” • “ Curtis swore to an up and down lie;” “If I had sworn as Curtis swore, I would have sworn to a lie.” The other allegations of the complaint are sufficiently stated in the opinion of the court. A demurrer to the complaint was overruled. 1. The words charged are not actionable, without proof of special damage, unless the testimony of the plaintiff to which they referred, was material evidence in the action before the justice. Yan Santvoord’sPl., 272; id., Precedents, 463,…
1Opinion of the Court
By the Court,
DixON, C. J.
Demurrer to tbe complaint in *136an action to recover damages for slanderous words spoken, imputing to tbe plaintiff' tbe crime of perjury.
Moore brought suit in a justice’s court against one Maine, for an alleged breach of tbe warranty of a horse, and upon tbe trial tbe plaintiff was called as a witness for Maine, and testified to a conversation which be beard between tbe parties, in which Moore admitted that there was no warranty. It was in reference to this testimony that the perjury was imputed. The testimony and pleadings in the action before the justice, are set out…
2Cases cited1 opinion
- Nelson v. SwanNew York Supreme Court · 1816
3Cited by14 opinions
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- Susenguth v. Town of RantoulWisconsin Supreme Court · 1880
- Schmidt v. Joint School District No. 4 of HermanWisconsin Supreme Court · 1911
- Schroeder v. RichardsonWisconsin Supreme Court · 1899
- St. Louis Gas Light Co. v. City of St. LouisSupreme Court of Missouri · 1885
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