Stoll v. Houde
This text of 25 N.W. 63 (Stoll v. Houde) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The language of the alleged libel, as pleaded, plainly shows on its face that it was used of and concerning the plaintiff in his official character of county treasurer. Therefore it was unnecessary that the complaint should contain an express averment that it was so used. When taken in connection with the allegations that the Hays mentioned — a former deputy county treasurer — was an em[195]*195bezzler and defaulter, the language of the libel, on its face, clearly implies a charge of similar or greater official misconduct on part of the plaintiff. The complaint, therefore, stated a cause of action, and the demurrer was properly overruled.
Order affirmed.
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Cite This Page — Counsel Stack
25 N.W. 63, 34 Minn. 193, 1885 Minn. LEXIS 188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stoll-v-houde-minn-1885.