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34 Minn. 193

Stoll v. Houde

Supreme Court of Minnesota

Decided October 13, 1885

Supreme Court of Minnesota · decided 1885-10-13

Appeal by defendants from an order of the district court for Morrison county, Collins, J., presiding, overruling their demurrer to the complaint.

Cited by 1 later decisions — most recently April 1915

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1885-10-13

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Mitchell, J.

¶1The 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*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.

¶2Order affirmed.

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