Diener v. Star-Chronicle Publishing Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Chas. Claflin Allen, Judge. (1) The circuit court had no authority to strike the second amended petition from the files. But one petition had been adjudged insufficient upon demurrer. R. S. 1899, secs. 596, 601, 621-623; Comstock v. Davis, 51 Mo. 569; Spurlock v. Railroad, 98 Mo. 13; Barton v. Martin, 54 Mo. App. 134; Antonelli v. Basile, 93 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Chas. Claflin Allen, Judge. (1) The circuit court had no authority to strike the second amended petition from the files. But one petition had been adjudged insufficient upon demurrer. R. S. 1899, secs. 596, 601, 621-623; Comstock v. Davis, 51 Mo. 569; Spurlock v. Railroad, 98 Mo. 13; Barton v. Martin, 54 Mo. App. 134; Antonelli v. Basile, 93 Mo. App. 141. (2) Where words complained of as libelous are susceptible of two meanings, one harmless and the other defamatory, the jury must determine in which sense the readers may have understood them.…
1Dissent
DISSENTING OPINION.
WOODSON, J.
This is a suit brought by thé plaintiff against the defendant to recover $25,000 damages, sustained by him in consequence of the publication, by the latter, of the alleged libelous article set out in the petition.
A demurrer to the petition was filed and sustained, and by leave of court an amended petition was filed by plaintiff. The defendant filed a motion to strike this petition from the files, for the reason that the amended petition was but a replica of the original, which had been held bad on the first demurrer filed. Said motion also contained a general…
2Cases cited26 opinions
- Julian v. Kansas City Star Co.Supreme Court of Missouri · 1908
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Commercial Pub. Co. v. SmithCourt of Appeals for the Sixth Circuit · 1907
- State v. SchoenwaldSupreme Court of Missouri · 1860
- State v. . MasseySupreme Court of North Carolina · 1887
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