Spreckels v. Kleinschmidt

Ninth Circuit

Spreckels v. Kleinschmidt

196 F. 375, 116 C.C.A. 89, 1912 U.S. App. LEXIS 1501

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 20, 1912

DocketNo. 2,076

StatusPublished

This text of 196 F. 375 (Spreckels v. Kleinschmidt) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Spreckels v. Kleinschmidt, 196 F. 375, 116 C.C.A. 89, 1912 U.S. App. LEXIS 1501 (9th Cir. 1912).

Pincite

Opinion

ROSS, Circuit Judge.

The sole contention made on behalf of the plaintiff in error in this case is that the complaint does not allege that the libelous matter contained in the publication complained of was untrue. We think the contention without merit. The seventh paragraph of the complaint is as follows:

“That said publication was and is malicious, false, defamatory and libelous, and calculated to bring and did and does bring this plaintiff into contempt, disgrace and ridicule among his friends, neighbors, and business associates, and in the estimation of society and the public in general, and has caused and does cause this plaintiff great and grievous mental suffering, shame and distress.”

To say that the publication is false is equivalent to saying that the matter contained in it is false.

The judgment is affirmed.

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ROSS, Circuit Judge.

The sole contention made on behalf of the plaintiff in error in this case is that the complaint does not allege that the libelous matter contained in the publication complained of was untrue. We think the contention without merit. The seventh paragraph of the complaint is as follows:

“That said publication was and is malicious, false, defamatory and libelous, and calculated to bring and did and does bring this plaintiff into contempt, disgrace and ridicule among his friends, neighbors, and business associates, and in the estimation of society and the public in general, and has caused and does cause this plaintiff great and grievous mental suffering, shame and distress.”

To say that the publication is false is equivalent to saying that the matter contained in it is false.

The judgment is affirmed.

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Bluebook (online)

196 F. 375, 116 C.C.A. 89, 1912 U.S. App. LEXIS 1501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spreckels-v-kleinschmidt-ca9-1912.