Smith v. Utley
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Racine county: EbaNK M. Eish, Circuit Judge. This is an action to recover damages for the publication of several articles each claimed tó be libelous. Such articles were published in the Racine Evening Times, a newspaper of general circulation, owned by the Times Publishing Company, a corporation. The action was dismissed as to defendants Olympia, Brown and LepMa Brown, to which no exception was taken.
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Appeal from a judgment of the circuit court for Racine county: EbaNK M. Eish, Circuit Judge. This is an action to recover damages for the publication of several articles each claimed tó be libelous. Such articles were published in the Racine Evening Times, a newspaper of general circulation, owned by the Times Publishing Company, a corporation. The action was dismissed as to defendants Olympia, Brown and LepMa Brown, to which no exception was taken. There were four causes of action set forth in the complaint, and a demurrer ore tenus was interposed to each, which was overruled as to the first…
1Opinion of the CourtMaeshall, J.
The first question presented on this appeal is whether the demurrer. ore terms to the fourth cause of action in the complaint was properly-sustained. In determining this question, we must look to the .whole article, consider its whole scope and object in the light of existing circumstances properly pleaded, and then put such construction upon the language as would naturally be given to it. Bradley v. Cramer, 59 Wis. 309. In the complaint, 'aftér setting forth that plaintiff was the chief of police of the city of Racine, and that defendant was one of the owners, proprietors, and editors of the…
2Cases cited13 opinions
- Fleischmann v. . BennettNew York Court of Appeals · 1881
- A. H. Belo & Co. v. FullerTexas Supreme Court · 1892
- More v. . BennettNew York Court of Appeals · 1872
- Bradley v. CramerWisconsin Supreme Court · 1884
- Singer v. BenderWisconsin Supreme Court · 1885
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Denny v. MertzWisconsin Supreme Court · 1982
- Maynard v. Port Publications, Inc.Wisconsin Supreme Court · 1980
- Finnish Temperance Society Sovittaja v. Finnish Socialistic Publishing Co.Massachusetts Supreme Judicial Court · 1921
- Shumate v. Johnson Publishing Co.California Court of Appeal · 1956
- Leuch v. BergerWisconsin Supreme Court · 1915
20 more not listed; retrieve them via the Exa API.