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· 5/31/1905

Kirby v. Martindale

Citations

  • 19 S.D. 394
  • 103 N.W. 648
  • 1905 S.D. LEXIS 55

Syllabus

<p>1. A complaint alleging; that defendant printed in' his legal directory a „ certain libelous statement and publication concerning plaintiff, the “substance and effect” of which was that plaintiff was a second-rate lawyer, was demurrable for failure to set out the alleged libel in hmc verba.</p> <p>2. A complaint alleged that defendant willfully and maliciously, and without justifiable cause, printed and published a certain libelous publication in that plaintiff’s name, age, and the year of his admission to the bar were published in defendant’s directory without a rating, and that by reason of the premises plaintiff was greatly ■ injured in his professional and business standing, was insufficient for failure to allege that the absence of any rating meant anything derogatory to plaintiff’s personal or professional character or ability.</p>

Judges: Corson

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