Sherwood v. Powell
Supreme Court of Minnesota
Appeal by defendant from an order of the 'district court for St. Louis county, Moer, J., overruling a demurrer to the complaint. The complaint in the former action referred to in the opinion was for money collected after a mutual dissolution of a copartnership under an agreement that defendant therein should collect all moneys and pay over half to plaintiff.
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Appeal by defendant from an order of the 'district court for St. Louis county, Moer, J., overruling a demurrer to the complaint. The complaint in the former action referred to in the opinion was for money collected after a mutual dissolution of a copartnership under an agreement that defendant therein should collect all moneys and pay over half to plaintiff. The answer, after admitting the dissolution and agreement, set forth the alleged libelous matter as follows:— “That plaintiff failed utterly to perform his contract of partnership with the defendant, but during the time aforesaid spent…
1Opinion of the CourtCollins, J.
Appeal from an order overruling a general demurrer to a complaint in an action for libel. The language complained of was set forth, used, and published of and concerning this plaintiff in an answer interposed by defendant in a former action between these same parties.
Appellant contends that the alleged libelous matter was an absolutely privileged publication, because it was set forth and published in a pleading in a judicial proceeding, and that the rule of law is that under no circumstances can defamatory words published or spoken of a party in the course of such a proceeding be made *481the…
2Cases cited6 opinions
- White v. NichollsSupreme Court of the United States · 1845
- Rice v. CoolidgeMassachusetts Supreme Judicial Court · 1876
- McLaughlin v. CowleyMassachusetts Supreme Judicial Court · 1879
- Gilbert v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hyde v. McCabeSupreme Court of Missouri · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Myers v. HodgesSupreme Court of Florida · 1907
- Matthis v. KennedySupreme Court of Minnesota · 1954
- Tawney v. Simonson, Whitcomb & Hurley Co.Supreme Court of Minnesota · 1909
- Keeley v. Great Northern Railway Co.Wisconsin Supreme Court · 1914
- Union Mut. Life Ins. v. ThomasCourt of Appeals for the Ninth Circuit · 1897
13 more not listed; retrieve them via the Exa API.