Sheibley v. Ashton
Supreme Court of Iowa
Appeal from Woodbury District Court.— Hon. P. E. G-aynor, Judge. Action to recover damages for a libel. At the time in question both parties to the action resided in Ponca, Dixon county, Neb. The defendant was the publisher of a newspaper of general circulation at said place, and in October, 1902, he published in such newspaper the following matter: Affidavit. Published by Request of A. C. Drager.
Read the full summary
Appeal from Woodbury District Court.— Hon. P. E. G-aynor, Judge. Action to recover damages for a libel. At the time in question both parties to the action resided in Ponca, Dixon county, Neb. The defendant was the publisher of a newspaper of general circulation at said place, and in October, 1902, he published in such newspaper the following matter: Affidavit. Published by Request of A. C. Drager. State of Nebraska, Dixon County — ss. :• I, Mathilda Drager, wife of August C. Drager, of Ponca, Dixon county, Nebraska, being first duly sworn, depose and say that a certain affidavit by me made on…
1Opinion of the CourtBishop, J.
1. Libel: when actionable perse: burden of proof. The cause of action, it will be observed, arose wholly in the state of Nebraska, and we premise by saying that, in the absence of any showing to the contrary, we shall assume that the law of that state upon the subject of libels is identical with the law 0f this state. A criminal libel is defined by statute as “ the malicious defamation of a person, made public by any printing . . . tending to provoke him to wrath or expose him to public hatred, contempt or ridicule, or to deprive him of the benefits of public confidence and social…
2Cases cited18 opinions
- Morse v. Times-Republican Printing Co.Supreme Court of Iowa · 1904
- May v. JonesSupreme Court of Georgia · 1891
- Pratt v. Pioneer Press Co.Supreme Court of Minnesota · 1882
- Commonwealth v. RunnelsMassachusetts Supreme Judicial Court · 1813
- Hollenbeck v. HallSupreme Court of Iowa · 1897
13 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Kiner v. Reliance Insurance Co.Supreme Court of Iowa · 1990
- Kee v. Armstrong, Byrd & Co.Supreme Court of Oklahoma · 1919
- Shaw Cleaners & Dyers, Inc. v. Des Moines Dress ClubSupreme Court of Iowa · 1932
- Ott v. MurphySupreme Court of Iowa · 1913
- Children v. ShinnSupreme Court of Iowa · 1915
12 more not listed; retrieve them via the Exa API.