History
  • No items yet
midpage
Clute v. Clute
101 Wis. 137
Wis.
1898
Check Treatment
WiNslow, J.

The question arising is, Do the words set forth in the complaint charge sexual intercourse ? We think not. Words are to be construed in the plain, popular sense in Avhich people would naturally understand- them. Bradley v. Cramer, 59 Wis. 309. We are not aivare that the word “ match ” or “ matched ” has ever acquired the meaning of illicit or criminal intercourse. It is sometimes used as denoting honorable marriage, but the lexicographers go no further. If there was a local or provincial use of the word which gave it the meaning contended for, or if there were extrinsic circumstances by reason of which it was so understood by the hearers at the time the words were uttered, these facts should be alleged by way of inducement. Newell, Slander & L. (2d ed.), 603. The innuendo cannot enlarge the natural and ordinary meaning of the words.

By the Cov/rt.— Order reversed, and action remanded with directions to sustain the demurrer.

Case Details

Case Name: Clute v. Clute
Court Name: Wisconsin Supreme Court
Date Published: Nov 1, 1898
Citation: 101 Wis. 137
Court Abbreviation: Wis.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.