K v. H
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. This was an action for slander, brought by V. K,and his wife, 8. K. The complaint, after stating the marriage of the plaintiffs, the good character and reputation of the plaintiff 8. K., &c., alleges “that the defendant, well knowing the premises,-but contriving and maliciously intending” &c. &c. ¡diere follow specifications of time and place, and names of the persons in whose presence the words are alleged to have been…
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APPEAL from the Circuit Court for Dodge County. This was an action for slander, brought by V. K,and his wife, 8. K. The complaint, after stating the marriage of the plaintiffs, the good character and reputation of the plaintiff 8. K., &c., alleges “that the defendant, well knowing the premises,-but contriving and maliciously intending” &c. &c. ¡diere follow specifications of time and place, and names of the persons in whose presence the words are alleged to have been spoken], “ did speak, publish and declare in the German language, of and concerning the said plaintiff 8. Kthe false,…
1OpinionDowner, J.
In the argument of the motion for a rehearing, our attention is called to the fact that leave was given on motion in the circuit court to amend the complaint, so as to aver that the words spoken in Grerman were understood by those who heard them. The record shows this, and so much of the former opinion as is based on the want of such averment was *244written, of course, under a mistake of facts. But the main objection, that the complaint does not set out words charging a crime, remains.
"We are referred to the case of Lounsbury v. Purdy, 18 N. Y., 520, where it was held that a complaint which…
2Cases cited10 opinions
- Lounsbury v. . PurdyNew York Court of Appeals · 1859
- Bogert v. PhelpsWisconsin Supreme Court · 1861
- Carley v. WilkinsNew York Supreme Court · 1849
- Mosselman v. CaenNew York Supreme Court · 1861
- Magie v. . BakerNew York Court of Appeals · 1856
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