Clute v. Clute

• Decision Date: 01 November 1898
• Citation: 76 N.W. 1114,101 Wis. 137
• Parties: CLUTE v. CLUTE.
• Court: Wisconsin Supreme Court

101 Wis. 137

76 N.W. 1114

CLUTE

v.CLUTE.

Supreme Court of Wisconsin.

Nov. 1, 1898.

Appeal from circuit court, Juneau county; O. B. Wyman, Judge.

Action by Mary Clute, an infant, by her guardian ad litem, against Dow Clute. From an order overruling a demurrer to the complaint, defendant appeals. Reversed.

This was an action for slander. The complaint, after alleging the appointment of a guardian ad litem herein, is as follows: “That plaintiff is a married woman, the wife of Harvey Clute. That on the 3d day of August, 1897, at the town of Lindina, in said county, the defendant, in the presence and hearing of Abijah Barnes and his wife, Ada Barnes, and of this plaintiff, maliciously spoke of and concerning the plaintiff the false and defamatory words following: ‘You (the plaintiff meaning) have been going with Edd (meaning one E_____ C_____). You (the plaintiff meaning) matched him in the berry patch on the bluff, and here upstairs, and I saw you go up,’--meaning and charging that plaintiff had committed the crime of adultery with E_____ C_____ at the different places mentioned, whereby the plaintiff was injured in her reputation, to her damage three thousand dollars, for which sum she demands judgment.” A general demurrer to this complaint was overruled, and the defendant appeals.H. W. Barney, for appellant.

F. Winsor, for respondent.

WINSLOW, J. (after stating the facts).

The question arising is, do the words set forth in the complaint charge sexual intercourse? We think not. Words are to be construed in the plain, popular sense in which people would naturally understand them. Bradley v. Cramer, 59 Wis. 309, 18 N. W. 268. We are not aware that the word “match” or “matched” has ever acquired the meaning of illicit or criminal intercourse. It is sometimes used as denoting honorable marriage, but the lexicographers go no further. If there was a local or provincial use of the word which gave it the meaning contended for, or if there were extrinsic circumstances by reason of which it was so understood by the hearers at the time the words were uttered, these facts should be alleged by way of inducement. Newell, Defam. (2d Ed.) p. 603. The innuendo cannot enlarge the natural and ordinary meaning of the words. Order reversed, and action remanded, with directions to sustain the demurrer.