Legal Opinion

Meriwether v. Publishers: George Knapp & Co.

Missouri Court of Appeals

Decided June 5, 1906PublishedCited by 9 opinions

Appeal from Lincoln Circuit Conrt.— Hon. James D. Barnett, Judge. • (1) The court should have directed a verdict for defendant because the publication was true and not libelous, and because it was a fair reply to the libelous attacks of plaintiff. Fish v. Printing Co., 102 Mo. App. .6; Bigney v. Van Benthysen, 36 La. Ann.

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Appeal from Lincoln Circuit Conrt.— Hon. James D. Barnett, Judge. • (1) The court should have directed a verdict for defendant because the publication was true and not libelous, and because it was a fair reply to the libelous attacks of plaintiff. Fish v. Printing Co., 102 Mo. App. .6; Bigney v. Van Benthysen, 36 La. Ann. Rep. 38; Myers v. Kaichen, 75 M'ich. 272; Shepherd v. Baer, 53 Atl. 790; 96 Md. 152; Chaffin v. Lynch, 83 Ya. 106; 1 S. E. 803; Newell on Libel and Slander (Ed. 1898)/ p. 515; sec. 114; Odgers on Libel and Slander (Ed. 1905), pp. 275, 276, and English cases there cited.…

1Opinion of the CourtBland, P. J.

(after stating the facts).

1. One of the assignments of error is the admission in evidence of publications antedating the publishing of the article sued on. Evidence within the allegations of the petition was competent, whether it related to matters which transpired prior or subsequent to the transaction forming the foundation of the suit. It is alleged in the petition, substantially, that prior to the publication of the libel, the defendant had published in its newspaper, articles denunciatory of Edward Butler, holding him up to the public as a criminal, etc., and had persistently advertised…

2Cases cited3 opinions

  1. Callahan v. IngramSupreme Court of Missouri · 1894
  2. Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
  3. State v. SmithSupreme Court of Minnesota · 1901

3Cited by9 opinions

  1. Sotham v. Drovers Telegram Co.Supreme Court of Missouri · 1912
  2. Meriwether v. PublishersSupreme Court of Missouri · 1909
  3. Kleinschmidt v. Globe-Democrat Publishing Co.Supreme Court of Missouri · 1942
  4. Thomson v. Kansas City Star CompanySupreme Court of Missouri · 1965
  5. Sisters of St. Joseph v. EdwardsArizona Supreme Court · 1935

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