Warner v. Lockerby
Supreme Court of Minnesota
Action for slander, brought in the district court for Blue Barth county. At the trial before Macdonald, J., (acting for the judge of the Oth district,) and a jury, the defendant had a verdict. Plaintiff appeals from an order refusing a new trial.
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Action for slander, brought in the district court for Blue Barth county. At the trial before Macdonald, J., (acting for the judge of the Oth district,) and a jury, the defendant had a verdict. Plaintiff appeals from an order refusing a new trial. A decision on a former appeal in this case will be found in 28 Minn. 28. On the trial, plaintiff and one Sehroeder testified to the speaking, by defendant, of the following defamatory words addressed to the plaintiff, viz.: “You had better go and pay for that overcoat you stole,” being the words charged in the complaint. Defendant and one Akers…
1Opinion of the CourtMitchell, J.
Action for defamation. The record in this ease contains so large a number of exceptions — many of them without special merit — that it would be neither practicable nor profitable to consider them all in detail. We shall, therefore, content ourselves with considering such as we deem worthy of special notice, and pass over the others with the general remark that we do not think any of them were well taken.
1. The answer, by a general denial, puts in issue the publication of the words charged in the complaint, and then sets up certain matters in mitigation of damages, among which is previous…
2Cases cited4 opinions
- Bush v. . ProsserNew York Court of Appeals · 1854
- Cahill v. EastmanSupreme Court of Minnesota · 1872
- Moreland v. LawrenceSupreme Court of Minnesota · 1876
- Rundell v. ButlerNew York Supreme Court · 1833
3Cited by10 opinions
- Simon v. CarrollSupreme Court of Minnesota · 1954
- McAlpine v. Fidelity & Casualty Co.Supreme Court of Minnesota · 1916
- Erickson v. Minnesota & Ontario Power Co.Supreme Court of Minnesota · 1916
- Earley v. WinnWisconsin Supreme Court · 1906
- Wrege v. JonesNorth Dakota Supreme Court · 1904
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