Baldwin v. Walser
Missouri Court of Appeals
Appeal from the Barton Circuit Court. — Hon D. P. Stratton, Judge. (1) The demurrer admits the falsehood in the publication, and the malice in the publisher. Townsend on Libel, note to p. 350; Boogher v. Knapp, 76 Mo. 457. The publications being admitted to be false, the malice of the publisher also being admitted, it cannot be, on demurrer, claimed as a privileged publication; for, if false and malicious, it cannot be privileged.
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Appeal from the Barton Circuit Court. — Hon D. P. Stratton, Judge. (1) The demurrer admits the falsehood in the publication, and the malice in the publisher. Townsend on Libel, note to p. 350; Boogher v. Knapp, 76 Mo. 457. The publications being admitted to be false, the malice of the publisher also being admitted, it cannot be, on demurrer, claimed as a privileged publication; for, if false and malicious, it cannot be privileged. Townsend on Libel, sec. 245. “Privileged publication” is a matmer of defense only to be pleaded and proven as any other defense. Townsend, sec. 208, et seq., and…
1Opinion of the CourtSmith, P. J.
This suit was instituted in the circuit court of Barton county to recover damages for an alleged libel. The defendant filed a demurrer to the petition on the ground that it did not state facts sufficient to constitute a cause of action, which was by the court sustained. The plaintiffs declining to further plead, judgment was rendered in favor of the demur-rant. The plaintiffs bring the case here by appeal.
The petition was as follows: “The above-named plaintiffs complain and allege that, on the-day of January, 1889, long prior thereto, and every since that date, they were engaged in carrying…
2Cases cited13 opinions
- Pollard v. LyonSupreme Court of the United States · 1876
- Dowzelot v. RawlingsSupreme Court of Missouri · 1874
- Nelson v. MusgraveSupreme Court of Missouri · 1847
- Price v. WhitelySupreme Court of Missouri · 1872
- Legg v. DunleavySupreme Court of Missouri · 1883
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3Cited by7 opinions
- Kilgour v. Evening Star Newspaper Co.Court of Appeals of Maryland · 1902
- Buller v. Pulitzer Publishing Co.Missouri Court of Appeals · 1984
- McKim v. MooreSupreme Court of Missouri · 1922
- Fenwick v. BowlingMissouri Court of Appeals · 1892
- Spurlock v. Lombard Investment Co.Missouri Court of Appeals · 1894
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