22 Minn. 276 | Minn. | 1875
This is an action for publishing in certain newspapers, as the complaint alleges, “ the false, malicious and defamatory words, of and concerning the plaintiff, following, that is to say : ‘ Said letters and others were stolen from this deponent (defendant meaning) sometime during the past six years, and have been prepared and kept as a means for the extortion of money from, and otherwise injuring, his said partner, W. D. Hurlbut.’ ”
A libel is a malicious publication, expressed in print, writing, or by signs, tending to injure the reputation of another, and expose him to public hatred, contempt, or ridicule. 3 Cooley’s Blackstone, 123, note; 2 Kent, 17; Broom’s Commentaries, 745 ; 1 Starkie on Slander, 169. Notwithstanding it is averred in the complaint in the case at bar that the words above recited were published of and concerning the plaintiff, neither this averment nor the words themselves, nor the averment and words taken together, amount to an allegation that the defendant, by the publica
Gilflllan, C. .T., did not sit in this case, owing to illness in his family.
Note. — The rule in this case was followed in the case of Catharine S. Smith v. William D. Hurlbut, decided at the same time.
