Von Schoech v. Herald News Co.
Von Schoech v. Herald News Co.
Opinion of the Court
The appellant, Dr. Konrad Von Schoeeh, brought this suit to recover damages for an alleged libelous publication. The libelous matter was contained in certain articles appearing in the El Paso Herald, a newspaper published by the appellee. The articles were written by a Dr. Altendorf, and in substance stated that a Dr. Arnold Von Schoeek in Hermosillo -was a German spy, and other statements to the effect that said Dr. Von Schoeclc consorted with German enemies in Mexico during the late war, rendered aid to them, and plotted against the United States. It was alleged that the statements referred to the plaintiff, and greatly *652 damaged Mm. There was a verdict and judgment for the defendant.
Error is assigned to the action of the court in permitting Hon. Dan M. Jackson, a witness for defendant, to testify:
“That in the month of April, 1921, he went to the town of Navajoa, in the state of Sonora, in the Republic of Mexico', and called at the municipal building in said town and asked for a book known as the book of registration of the titles of doctors, and there was exhibited to him in said municipal building a book so labeled, and that on a page in said book he found written in Spanish an entry in substance and to the effect that the plaintiff in this suit had registered his doctor’s certificate or title, showing, among other things, the nationality of the plaintiff as being of German nationality.”
A copy of the entry and a translation thereof was. offered in connection with the testimony. The translation reads:
“1918, April 19, Doctor Konrad Yon Schoech, nationality, German.”
“Before 1 started to practice in Navajoa I went down to the municipality and ,registered my state license with the President. * * * I then wont to the municipality of Navajoa and produced my state license, and they registered it in a book and gave .me a city license. It is called the certificate. * * * ”
In view of the plaintiff’s own testimony that the Mexican authorities had registered his license in a book at Navajoa, there was no error in admitting the examined copy. But, if inadmissible, it was harmless. The only matter to which the plaintiff could object was the statement in the entry of his German nationality. He admitted that he was born in Germany, and did not come to the United States until about 20 years old. It was further conclusively shown that he had become a naturalized citizen of the country, receiving his final papers in 1916. We are therefore of the further opinion that the evidence, if inadmissible, was harmless, and affords no ground for reversal.
Affirmed.
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Reference
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- Von Schoech v. Herald News Co. [Fn]
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