Benedict v. Westover

Wisconsin Supreme Court
Benedict v. Westover, 44 Wis. 404 (Wis. 1878)
Oeton

Benedict v. Westover

Opinion of the Court

OetoN, J.

The only points made upon the demurrer by the appellant are, that the words “ composed, vtttered, wrote and sent ” do not sufficiently allege a publication of the libelous letter, and the statement, “ sent to N. Dunn & Company, in Milwaukee, Wisconsin (a commercial agency),” is no allegation that the letter was sent to a,ny person. The word “ utter,” according to Bouvier, means, 1. To “offer;” 2. To publish;” and according to Webster, it is used in the sense of “ publishing,” and “ putting in circulation.” It is not the technical word commonly and more properly used in pleading, in cases *405of libel; but is equivalent in meaning, and certain in common intendment to express tbe fact of publication. The word “ sent ” gives force to the allegation, and puts it beyond question as a sufficient statement of publication.

The other objection is simply frivolous.

By the Court. — The order of the circuit court is affirmed, with costs.

Reference

Status
Published