Donaghe v. Rankin
Supreme Court of Virginia
AFTER a verdict for the plaintiff, upon the plea of not guil- . „ . , . .j « » ¶ , gy, m an action of slander, a motion wns> made that judgment be arrested, on the ground that no cause of actiou was laid ’ ° in the declaration ; — there being no charge of any slanderous words spoken by the defendant.
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AFTER a verdict for the plaintiff, upon the plea of not guil- . „ . , . .j « » ¶ , gy, m an action of slander, a motion wns> made that judgment be arrested, on the ground that no cause of actiou was laid ’ ° in the declaration ; — there being no charge of any slanderous words spoken by the defendant. The declaration was in the following words : — “ Samuel , , , , , , „ • Rankin complains of Hugh Donaghe, m custody, See. in a plea of trespass on the case, for that whereas the plaintiff is án honest man and good citizen, and had never been accused or suspected of forgery, perjury, or other…
1Opinion of the Court
the president pronounced the court's opinion as follows :
“ The declaration, in this case, containing a mere recital of slanderous words, and no direct charge that those words were spoken of the plaintiff by the defendant, the court is of opinion, that it is insufficient to maintain the action. The judgment is therefore reversed with costs.”
2Cited by7 opinions
- Burton & Co. v. HansfordWest Virginia Supreme Court · 1877
- Jenkins v. MontgomeryWest Virginia Supreme Court · 1911
- Battrell v. Ohio River R'y Co.West Virginia Supreme Court · 1890
- Spiker v. BohrerWest Virginia Supreme Court · 1892
- Bourland v. EidsonSupreme Court of Virginia · 1851
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