Brueshaber v. Hertling & Husband
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action for slander. The slanderous words are set out in the complaint, and it is alleged therein that they were maliciously spoken by the defendant Mina Hertling of and concerning the plaintiff to a number of persons, on or about October 23, 1887, at the city of Milwaukee. The plaintiff is a married woman, and such words impute to her the crime of adultery. The answer is a general denial.
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APPEAL from the Circuit Court for Milwaukee County. Action for slander. The slanderous words are set out in the complaint, and it is alleged therein that they were maliciously spoken by the defendant Mina Hertling of and concerning the plaintiff to a number of persons, on or about October 23, 1887, at the city of Milwaukee. The plaintiff is a married woman, and such words impute to her the crime of adultery. The answer is a general denial. On the trial, one Bertha Jentzen, a sister of the defendant Mima, testified that a few weeks after October 23, 1887, in Waukesha county, Mina spoke to her,…
1Opinion of the CourtLyoh, J.
No testimony was given on tbe trial showing or tending to show that tbe alleged slanderous words were spoken by tbe defendant Mina on October 23, 1881, or in tbe city of Milwaukee, or to numerous persons, as alleged in tbe complaint, but tbe testimony is conclusive that they were spoken by ber (if at all) only to one person, several weeks after October 23, 1881, and in tbe county of Wau-kesha. Because of these variances between tbe averments of tbe complaint and tbe proofs on tbe trial, tbe defendants claim a reversal of tbe judgment.
The gravamen of tbe action is tbe speaking of tbe…
2Cases cited1 opinion
- Geary v. BennettWisconsin Supreme Court · 1886
3Cited by3 opinions
- Delaney v. KaetelWisconsin Supreme Court · 1892
- Reed v. KeithWisconsin Supreme Court · 1898
- Fenyn v. Fenyn, Court of Common Pleas of Ohio, Hamilton County1910