Montgomery v. Deeley
Wisconsin Supreme Court
This was an action of trespass on the case for slander, brought fyy the plaintiff in error, in the Circuit Court for Waushara county. The declaration contained two counts, the second of which is substantially as follows : that the said defendant did falsely and maliciously speak, publish and declare false and scandalous words of and concerning the plaintiff’ to wit: “ He (the said plaintiff meaning) killed a man in Ireland.
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This was an action of trespass on the case for slander, brought fyy the plaintiff in error, in the Circuit Court for Waushara county. The declaration contained two counts, the second of which is substantially as follows : that the said defendant did falsely and maliciously speak, publish and declare false and scandalous words of and concerning the plaintiff’ to wit: “ He (the said plaintiff meaning) killed a man in Ireland. He (the said plaintiff meaning) murdered a man in Ireland. Montgomery (the said plaintiff meaning) killed a man in Ireland, and I (the said defendant meaning) have…
1Opinion of the Court
By the Court,
CkawNokd, J.
The judgment of non-suit in this case must lie reversed, and a new trial '.'i-dered. The testimony sot forth in the bill of ex ceptions sufficiently established the second count in the declaration. The evidence was that the defendant in the action had, in conversations concerning the plaintiff, spoken of him the following words : “ the murderer that murdered a man in Ireland,” and “ he murdered a man in Ireland.”
The second reason assigned in the motion for non-suit in the Circuit Court;, and which most likely was th<-- ground upon which the motion was granted, is *711that…
2Cases cited2 opinions
- Chaddock v. BriggsMassachusetts Supreme Judicial Court · 1816
- Fowle v. RobbinsMassachusetts Supreme Judicial Court · 1815
3Cited by10 opinions
- Converters Equipment Corp. v. Condes Corp.Wisconsin Supreme Court · 1977
- Bradley v. CramerWisconsin Supreme Court · 1884
- Campbell v. CampbellWisconsin Supreme Court · 1882
- Robertson v. EdelsteinWisconsin Supreme Court · 1899
- Pfister v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1909
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