The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-05-13
.OUIST WINS APPEAL
IN KIICHLI SUIT
ISLANDER SUIT AGAINST KIICHII
TO BE PUSHED.
Supreme Court Says Quist's Complaint
Stated Cause of Action, Thus Re-
versing the Lower Court, Which
Sustained a Demurrer Entered by
the Defendant. d

G. A. Quist's Islander suit against
Joseph L. Kiichli will be pushed after
all.
The supreme court to-day handed
down q decision by Judge Lewis, hold
ing that Quist's complaint stated a
cause of action, and reversing Judge
Harrison's action in sustaining Kiich-5
lis demurrer.
The suit grows out Of charges
brought against Quist when he was
foreman Of the grand jury about a
year ago. Ki1chli was instrumental in
pushing the charges which resulted
in Quists inglorious retirement from
the grand jury. The latter insisted
that he had been foully slandered and
brought suit aaginst Kiichli for
$4,000 damages. A demurrer was
interposed, sustained and an appeal
taken by Quist. He has now won his
appeal and said this morning that the
main action would now proceed.
Mr.. Quist's attorneys are James A.
Peterson, A. D. Smith and James e.
O'Brien.
The syllabus Of the supreme court
decision follows: 81
Charles A. Quist, appellant VS.. Joseph L.
Fiichli, respondent.
In an action for Islander the complaint
contained the following allegations: ."That
on the 9Th day Of October A. D. 1908, at
Minneapolis, Mimi, the defendant in GER
tain discourse which he then and there
had with one Michael Breslauer,. In the
presence and hearing of said Breslauer
and others, falsely and maliciously spoke
and published Of and concerning the plain
tiff the false, malicious and defamatory
words following to-wit: 'Quist came to
my office, shut the door, and came down
with his hand and said-'I have got the
boys (meaning thereby certain persons,
some Of whom had been, and some of
whom were at said time members of the
city council of the city Of Minneapolis,
and want you to get me five thousand
dollars (s5,000). You can get it from
Cal Goodrich and the Electric Light COM
pany. I must have 1t or I will fix them
(said persons meaning)." And plaintiff al
leges that in and by said false, malicious
and defamatory words, defendant intended
thereby to charge, and was understood to
charge, this plaintiff with the crime OF
asking this defendant for a bride OF
$4,000 with the understanding that unless
said sum Of $4,000 was procured by de-
PENDANT and paid over to plaintiff,
he, plaintiff would, as foreman OF
said grand jury, use his efforts
to induce said grand jury to return in
dictments against said persons Closing
the complaint alleges that the words
spoken We're false and defamatory, and
prays tor damages.
Held: the complaint states a cause Of
action.
| Order reversed Lewis, J.
Other supreme court decisions to.
| day were as follows:
| Lewis Marsh, respondent VS.. Mime
apolis Brewing company, appellant. Order
affirmed.
Maria A. Wenzel respondent, VS.. IIenr,
A. Weigand ct al, appellants, Order af
lfirmed.
John Beaudry, respondent, VS.. Franz
Duquette, appellant Order affirmed.
Edmond George Bovee, appellant, VS.
| Sadie J. Buffers, respondent. Order at
firmed.
John o. Lysne and C. N. Sonnesyn, ap
pellants, VS.. K. G. Hunstad, respondent
Order affirmed.
John Dell, respondent, VS.. James e. Nc
Grath, appellant. Order affirmed.
George S. Crimes appellant, VS.. Spence
Erickson ct al, respondents. Order at
| f1rn1ed.
Isidor, Shafer, respondent, VS.. Pete
Hertzig, appellant. Order reversed ant
new trial granted.
y A. M. Alden respondent, VS.. w. ]
Dyer & Bro. "a corporation), appellant
Judgment affirmed
I Stanislaus Negaubauer, appellant, VS.
The Great Northern Railway Company
respondent. Order reversed.
Hannah E. Johnson, appellant, VS.. OIL
yer M. Johnson and Hannah N; Johnson
respondents. The order appealed from
: is reversed and the cause remanded.
State of Minnesota, respondent, VS.. Nor
ris Clemmensen, appellant. Judgment af
firmed.
Bengt e. Sundberg, respondent VS.. M
A. Gear ct al, appellants; Bengt e. Sund
berg. respondent, vs. M. A. Gear ct al.
defendants; Charles F. Peterson, appel
liant. Order reversed.
State ex rel. P. S. Jonasen, relator, VS.
F. M. Crosby, Judge Of District Court Chi
sage County, and Peter g. Sausen, Clerk
respondents. Order to show cause dis
charged.
Carl Gustafson, respondent, VS.. Charlie
A. Gustafson ct AL, appellants Reversed