Bergman v. Hupy

Facts. This appeal is taken from the overruling of appellant's demurrer challenging the sufficiency of respondent's complaint to
state facts constituting a cause of action. The action seeks damages for libel and slander. The plaintiff, Gerald Bergman,
alleges that the defendant, Michael Hupy, an attorney, on April 4, 1972, ". . . in the presence and hearing of at least an
Assistant District Attorney named Theodore J. Hodan, did maliciously and wrongfully speak and cause the publication of a letter
concerning the plaintiff, . . ." the conversation and letter from the assistant district attorney referring to defendant's
statement that plaintiff had given false and perjurious testimony during an adverse examination before Court Commissioner
Patrick Sheedy in November of 1971, and at a court trial on March 10, 1972, before the Honorable John A. Decker, circuit Judge
for Milwaukee county. Following the complaint made by the defendant and his request for an investigation into possible violations
of the criminal code pertaining to perjury (see: sec. 946.31, Stats.) and false swearing (see: sec. 946.32), the assistant
district attorney wrote plaintiff a letter scheduling a conference of the parties concerned. At this conference defendant
accused plaintiff of perjury and false swearing, but no criminal complaint was issued. On July 7, 1972, plaintiff filed suit
against defendant, alleging libel and slander. On February 19, 1973, the trial court entered an order overruling defendant's
demurrer to plaintiff's complaint. Defendant appeals from that order.