Daniel Smith v. Journal Company

The complaint in this action, which was commenced on February 1, 1955, alleges two causes, the first for libel and the second
for 'invasion of privacy,' each based upon an article published in the Milwaukee Journal, a daily newspaper of wide circulation,
on September 3, 1953. From the briefs filed it appears that plaintiff has abandoned his second cause of action. The defendant
demurred to the first cause for failure of the complaint to state a cause of action, and for failure on the part of the plaintiff
to have alleged that he had complied with the provisions of sec. 331.05(2), Stats. The demurrer was sustained by order entered
on June 16, 1955, and judgment dismissing the complaint was entered on the same day. Plaintiff appeals. GEHL, Justice.