Irwin v. Taubman
South Dakota Supreme Court
A-ppeal from Circuit Court, Davison County. Hion. Frank; B. Smith, Judge. Action by W. E. Irwin against T. W. Taubman, for damages for an alleged libelous publication in defendant’s newspaper concerning the plaintiff. From an order requiring defendant to serve a bill of particulars, he appeals. A bill of particulars is referred to but once in the Code. In section 135, Code Civ.
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A-ppeal from Circuit Court, Davison County. Hion. Frank; B. Smith, Judge. Action by W. E. Irwin against T. W. Taubman, for damages for an alleged libelous publication in defendant’s newspaper concerning the plaintiff. From an order requiring defendant to serve a bill of particulars, he appeals. A bill of particulars is referred to but once in the Code. In section 135, Code Civ. Proc. we find, “* * *; and the court may in all cases order a bill of particulars of the claim of either party to be furnished.” As to the nature and office of a bill of particulars, therefore, we must go to the books…
1Opinion of the CourtWhiting, J.
Plaintiff brought this action seeking to recover damages which he alleged to have suffered through the publication by defendant, in -a newspaper owned by defendant, of an article containing much which were certainly libelous in character. In that part of the publication which is material to the questions presented to us, the plaintiff, was accused with having, while engaged as foreman of a petit jury in the trial of an important criminal, action wherein one Lewis was defendant, tampered with and wrongfully influenced -the actions and verdict of the jurors whereby a verdict of “not guilty” was…
2Cases cited2 opinions
- Wachter v. . QuenzerNew York Court of Appeals · 1864
- Willover v. . HillNew York Court of Appeals · 1878
3Cited by5 opinions
- In re the Dependency & Neglect of V. D. D.South Dakota Supreme Court · 1979
- Olson v. City of Sioux FallsSouth Dakota Supreme Court · 1935
- National Bank of Commerce v. JurySouth Dakota Supreme Court · 1925
- Matter of VDDSouth Dakota Supreme Court · 1979
- Farmers State Bank of Richardton v. WalthNorth Dakota Supreme Court · 1933