103 Wis. 391 | Wis. | 1899
This is an appeal from an order overruling a demurrer to a complaint for slander, alleging, in effect, that the plaintiff is a Catholic priest at Barton, in Washington county; that the defendant is the Catholic archbishop for the diocese of Milwaukee, and as such was and is.
One ground of demurrer assigned is that several causes of action have been improperly united. The statute expressly authorizes a party to “ unite in the same complaint several causes of action . . . where they arise out of ” and “ belong to one ” of the several classes therein mentioned, and “affect all the parties to the action,” and do “not require different places of trial,” and are “ stated separately.” R. S. 1818, sec. 2647. One of the classes so named therein is “ injuries to character.” Id. Under this statute this court has held that a plaintiff may unite in the same complaint a cause of action for libel and another cause of action for slander. Noonan v. Orton, 32 Wis. 106. It logically follows that two or more separate causes of action for slander may be united in the same complaint. In the case at bar we are clearly of the opinion that only one cause of action is alleged, or at
The other ground of demurrer assigned is that the complaint does not state facts sufficient to constitute a cause of action. It is contended that the second excerpt is not alleged to have been made falsely, or maliciously, or wilfully, or with intent to injure the plaintiff in his profession or otherwise; but we do not think the whole complaint, when taken together, is susceptible of such construction. Besides, after giving each of such quotations from such discourse, under the circumstances mentioned, the complaint further alleges, in effect, that all of such utterances so made by the defendant of and concerning the plaintiff were false and untrue, .cmd hriown to the defendant to be false at the time he so uttered them; that said statements were so made by the defendant, as-set forth, for the purpose and with the intent to injure and ruin the plaintiff in his profession as a priest of the Boman Catholic church, and more especially for the purpose of ruining the plaintiff as a priest in that church at Barton, as a large part of the parishioners and congregation from Barton were present, with the knowledge of the defendant, at the time the statements were uttered by him.
It is contended that the words spoken were privileged.
By the Court.— The order of the circuit court is affirmed.