Tilles v. Pulitzer Publishing Co.
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — Eon. J. B. Barnett, Judge. (1) Defendant’s plea to the jurisdiction of the trial court should have been sustained. The construction placed upon the Missouri statutes by the lower court renders them unconstitutional and void in denying’ to the defendant the equal protection of the laws. County v. Railroad, 118 IT. S. 394; Railroad v. Ellis, 165 IT.
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Appeal from St. Charles Circuit Court. — Eon. J. B. Barnett, Judge. (1) Defendant’s plea to the jurisdiction of the trial court should have been sustained. The construction placed upon the Missouri statutes by the lower court renders them unconstitutional and void in denying’ to the defendant the equal protection of the laws. County v. Railroad, 118 IT. S. 394; Railroad v. Ellis, 165 IT. S. 150; State v. Ashbrook, 154 Mo. 375; State v. Railroad, 195 Mo. 288; State v. Loomis, 115 Mo. 307; Hammond Co. v. Best, 91 Me. 431. (2) Plaintiff’s petition is fatally defective in that it fails to set out…
1Dissent
DISSENTING OPINION.
WOODSON, J.
— I dissent from paragraph four of the opinion delivered in this case for the reason that I do not think that the court can declare as a matter of law that the interview of General Hadley, published by appellant, which constitutes the libelous charge complained of, was in fact the official opinion of the Attorney-General.
That was a fact to be determined by the jury, upon the evidence introduced, and not by the Attorney-General himself; and until that fact was established, the opinion, which was oral, was not admissible in evidence, much less the interview…
2Cases cited3 opinions
- Brown v. WoodSupreme Court of Missouri · 1854
- Helling v. United Order of HonorMissouri Court of Appeals · 1888
- Spurgin Grocer Co. v. FrickMissouri Court of Appeals · 1898