Legal Opinion

McCue v. Equity Co-Operative Publishing Co.

North Dakota Supreme Court

Decided February 23, 1918PublishedCited by 20 opinions

Appeal from the District Court of Cass County, Pollock, J. From an order overruling a demurrer to the complaint, defendants-appeal. To say of an ex-officer that he did not enforce the law while in office is not libelous. Pandow v. Eichsted, 90 Wis. 298, 63 N. W. 284. The defendants here are only responsible for the meaning which the words, reasonably interpreted and applied, would convey to the minds-of the readers or hearers. Herringer v. Ingberg, 91 Minn. 71, 97 N..

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Appeal from the District Court of Cass County, Pollock, J. From an order overruling a demurrer to the complaint, defendants-appeal. To say of an ex-officer that he did not enforce the law while in office is not libelous. Pandow v. Eichsted, 90 Wis. 298, 63 N. W. 284. The defendants here are only responsible for the meaning which the words, reasonably interpreted and applied, would convey to the minds-of the readers or hearers. Herringer v. Ingberg, 91 Minn. 71, 97 N.. W. 460. Plain, simple words, or their natural and usual meaning, cannot be-extended, enlarged, or restricted by innuendo.…

1Opinion of the CourtChristianson, J.

This is an action for libel. The defendants interposed a demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled, and defendant appeals to this court.

The complaint, the sufficiency of which is the sole question here, is as follows:

For his cause of action herein the plaintiff alleges and shows to the court:

1. That during the times hereinafter mentioned the defendant the Co-operative Publishing Company was and still is a corporation duly organized, created, and existing under the laws of the state of North…

2Cases cited11 opinions

  1. Bailey v. Kalamazoo Publishing Co.Michigan Supreme Court · 1879
  2. Pratt v. Pioneer Press Co.Supreme Court of Minnesota · 1884
  3. Stuart v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1903
  4. Cerveny v. Chicago Daily News Co.Illinois Supreme Court · 1891
  5. State ex rel. Miller v. District CourtNorth Dakota Supreme Court · 1910

6 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. State v. HeatonNorth Dakota Supreme Court · 1927
  2. Meyerle v. Pioneer Publishing Co.North Dakota Supreme Court · 1920
  3. Vanover v. Kansas City Life Insurance Co.North Dakota Supreme Court · 1989
  4. Moritz v. Medical Arts Clinic, P. C.North Dakota Supreme Court · 1982
  5. Ellsworth v. Martindale-Hubbell Law Directory, Inc.North Dakota Supreme Court · 1939

15 more not listed; retrieve them via the Exa API.

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