Legal Opinion

Filber v. Dautermann

Wisconsin Supreme Court

Decided June 15, 1870PublishedCited by 9 opinions

APPEAL from the Circuit Court for Washington County. Slander. The defamatory words, alleged to have been spoken to and concerning the plaintiff Catharine Filber, in the German language, in the presence of the plaintiffs and of other persons who understood that language, were as follows: “ Du hast deiner Tochter Pillen eingeben, um das Kind abzutreiben which are alleged to mean in English: “You have administered to your daughter pills to drive off the child; ” and it is…

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APPEAL from the Circuit Court for Washington County. Slander. The defamatory words, alleged to have been spoken to and concerning the plaintiff Catharine Filber, in the German language, in the presence of the plaintiffs and of other persons who understood that language, were as follows: “ Du hast deiner Tochter Pillen eingeben, um das Kind abzutreiben which are alleged to mean in English: “You have administered to your daughter pills to drive off the child; ” and it is averred that defendant thereby charged and maliciously intended to have it understood and believed that said Catharine was…

1Opinion of the CourtCole, J.

It appears to us that the words set forth in the complaint are clearly actionable. They impute to the plaintiff Catharine an attempt to procure an abortion upon her daughter. This is an indictable offense under our statute, punishable by imprisonment in the county jail not more than one year nor less than three months, or by a fine not exceeding five hundred dollars, or by both fine and imprisonment, at the discretion of the court. Section 58, chap. 169, R. S. This is certainly a “ crime involving moral turpitude,” and subjects the party guilty of its commission to an “ infamous punishment.”…

2Cases cited6 opinions

  1. Montgomery v. DeeleyWisconsin Supreme Court · 1854
  2. Case v. BuckleyNew York Supreme Court · 1836
  3. Hays v. AllenIndiana Supreme Court · 1834
  4. Benaway v. ConyneWisconsin Supreme Court · 1851
  5. Hesler v. DegantIndiana Supreme Court · 1852

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. In Re MeyersonCourt of Appeals of Maryland · 1948
  2. State v. MasonOregon Supreme Court · 1896
  3. Board of Dental Examiners v. LazzellCourt of Appeals of Maryland · 1937
  4. Pfister v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1909
  5. Chaplin v. LeeNebraska Supreme Court · 1885

4 more not listed; retrieve them via the Exa API.

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