Hansbrough v. Stinnett
Supreme Court of Virginia
This was an a.ction for slander, brought in June 1866 in the Circuit court of Botetourt county, by Bichard Stinnett against Ann S. Gorgas. Pending the action in the Circuit court, the defendant married Hiram Hansbrough, and he was made a defendant. The declaration contained seven counts, charging the slander to have been uttered in February 1864. The defendants demurred to the declaration and each count thereof. But the court overruled the demurrer.
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This was an a.ction for slander, brought in June 1866 in the Circuit court of Botetourt county, by Bichard Stinnett against Ann S. Gorgas. Pending the action in the Circuit court, the defendant married Hiram Hansbrough, and he was made a defendant. The declaration contained seven counts, charging the slander to have been uttered in February 1864. The defendants demurred to the declaration and each count thereof. But the court overruled the demurrer. They also pleaded “not guilty,” on which issue was joined; and they filed a plea'of the statute of limitations of one year. To this plea the…
1Opinion of the CourtAnderson, J.
This is an action of slander at common law, and not under the statute, and must therefore be governed by common law rules. It lies for words which are actionable in themselves, or for those which, though not actionable in themselves, have caused some actual consequential damage, which must be alleged and proved. Words of the first description must impute guilt of some offence, for which the plaintiff, if guilty, might be indicted in the temporal courts, and punished as for an infamous crime, at least punishable with imprisonment. 2 Chit. Black., book iii, c. 8, top p. 95, side 123, note 14,…
2Cited by8 opinions
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- Harman v. CundiffSupreme Court of Virginia · 1886
- Johnson v. CommonwealthSupreme Court of Virginia · 1904
- Bourland v. EidsonSupreme Court of Virginia · 1851
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