Zeig v. Ort
Wisconsin Supreme Court
ERROR to the Circuit Court for Grant County. ■ This was an action of slander brought ■ by the defendants in error against the plaintiff in error, for slanderous words spoken, and published of and to the plaintiff’s wife. On the trial below it appeared in evidence that the words charged in the declaration were spoken in the German language. The declaration set forth the words in English.
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ERROR to the Circuit Court for Grant County. ■ This was an action of slander brought ■ by the defendants in error against the plaintiff in error, for slanderous words spoken, and published of and to the plaintiff’s wife. On the trial below it appeared in evidence that the words charged in the declaration were spoken in the German language. The declaration set forth the words in English. It was proved that the words spoken by the defendant were understood by the persons who were present at the time they were uttered. After the plaintiffs had closed the evidence in the case, the defendant moved…
1Opinion of the CourtJackson, J.
Two questions arise in this cause.
1st Was there a material variance between the plaintiff’s declaration and his proofs ?
2d. Was the declaration itself substantially defective ?
Both of these points must be settled by the weight of authority; first, as to the question of variance. On this point there can be no question, that since the leading case of Zendbio v. Axtel, 6 Term, 162, the uniform current of authority has been that where the slanderous words were spoken in a foreign language, they should be set out in the declaration in the original language, with an English translation, showing…
2Cases cited3 opinions
- Wormouth v. CramerNew York Supreme Court · 1829
- Fox v. VanderbeckNew York Supreme Court · 1826
- Jackson ex dem. White v. WhiteNew York Supreme Court · 1811
3Cited by5 opinions
- Schild v. LeglerWisconsin Supreme Court · 1892
- Simonsen v. Herold Co.Wisconsin Supreme Court · 1884
- Kloths v. HessWisconsin Supreme Court · 1906
- Pelzer v. BenishWisconsin Supreme Court · 1886
- Schubert v. RichterWisconsin Supreme Court · 1896