Legal Opinion

Gaines v. Belding

Supreme Court of Arkansas

Decided April 16, 1892PublishedCited by 9 opinions

Appeal from Garland Circuit Court. 1. The words were not actionable j>er se, and there is no-allegation or proof of special damages. Odgers on Libel and Slander, 60; Towns, on SI. and Lib. sec. 165. In the connection in which the words were used they amounted to nothing more than an abusive epithet. As illustrating the doctrine, see 1 Viner’s Abr. 417; ib. 426 ; ib. 443-447,491, 502,503, 506; 7 Taunt. 205; 1 Cr. Jac. 65 ; 4 Rng. L. and Rq.

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Appeal from Garland Circuit Court. 1. The words were not actionable j>er se, and there is no-allegation or proof of special damages. Odgers on Libel and Slander, 60; Towns, on SI. and Lib. sec. 165. In the connection in which the words were used they amounted to nothing more than an abusive epithet. As illustrating the doctrine, see 1 Viner’s Abr. 417; ib. 426 ; ib. 443-447,491, 502,503, 506; 7 Taunt. 205; 1 Cr. Jac. 65 ; 4 Rng. L. and Rq. Rep. 451; 2 R. D. Smith, 388; 8 Jones (N. C.) 66 ; 2 Green' (N. J.) Law, 186; 1 Humph. 9 ; 1 Bailey, 595; 2 N. H. 398; 12 Pick. 100; 16 Pick. 1; 5 How. Pr.…

1Opinion of the CourtHughes, J.

The appellee sued appellant for slander, and recovered a judgment for $2500, from which this appeal was taken.

The appellant rode up near where the appellee had a place of business, in the city of Hot Springs, and inquired. for a harness shop. He was told that George Belding had a harness shop there. He asked, “what Belding?” and was answered, “ George Belding.” The person who answered him started to go to call Belding, when the appellant said, “ Never mind. George Belding* is too God damned a thief for me ” ; and rode off. The complaint charges that the words were false, and that they were…

2Cases cited3 opinions

  1. Columbus & Western Railway Co. v. BridgesSupreme Court of Alabama · 1888
  2. Templeton v. GravesWisconsin Supreme Court · 1883
  3. Newman v. SteinMichigan Supreme Court · 1889

3Cited by9 opinions

  1. A. D. Luster, A's Fishhouses, Inc. v. Retail Credit CompanyCourt of Appeals for the Eighth Circuit · 1978
  2. Thiel v. DoveSupreme Court of Arkansas · 1958
  3. Braman and the Gus Blass Co. v. WalthallSupreme Court of Arkansas · 1949
  4. Edwards v. CampbellSupreme Court of Arkansas · 2010
  5. Laster v. BraggSupreme Court of Arkansas · 1913

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