Legal Opinion

Mudd v. Rogers

Court of Appeals of Kentucky

Decided November 23, 1897PublishedCited by 2 opinions

Case 44 — PETITION ORDINARY APPEAL FROM DAVEISS CIRCUIT COURT. 1. All who participate in misdemeanors are principals, and therefore, if appellant was a “whore house drummer” he was punishable as a whore house keeper, and an indictable offense was charged against him. Bishop’s Crim. Law, 2d ed. vol. 1. sec. 483; Ross v. Com,, 2 B. M., 417. 2. But if the plaintiff sustains actual damage, whether the words were actionable per se or not, he may maintain, his action.

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Case 44 — PETITION ORDINARY APPEAL FROM DAVEISS CIRCUIT COURT. 1. All who participate in misdemeanors are principals, and therefore, if appellant was a “whore house drummer” he was punishable as a whore house keeper, and an indictable offense was charged against him. Bishop’s Crim. Law, 2d ed. vol. 1. sec. 483; Ross v. Com,, 2 B. M., 417. 2. But if the plaintiff sustains actual damage, whether the words were actionable per se or not, he may maintain, his action. Newman’s Pleading and Practice, page 319; Chitty’s Pleading, pp. 641 and 643; McGee v. Wilson, Littell’s Select Cases, 188. 1. The…

1Opinion of the Court

JUDGE GUFFY

DELIVERED THE OPINION OF THE COURT.

The court below sustained a demurrer to the ’petition in this action, with leave to amend; but the court refused to allow the first and second amended petitions offered by plaintiff to be filed, and dismissed plaintiff’s action, to reverse which judgment this appeal is prosecuted. The material portion of the petition reads as follows:

“The plaintiff, James D. Mudd, says he is a single man, having never married, is a resident of and business man in the State of Kentucky, and has been for many years, and has an extensive acquaintance, both business…

2Cases cited2 opinions

  1. Bissell v. CornellNew York Supreme Court · 1840
  2. Lemons v. WellsCourt of Appeals of Kentucky · 1879

3Cited by2 opinions

  1. Shields v. BoolesCourt of Appeals of Kentucky (pre-1976) · 1931
  2. Talbot v. MackNevada Supreme Court · 1917

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