Cleveland v. Detweiler
Supreme Court of Iowa
Appeal from Van Burén County. Slander : words imputing bestiality to a “ female,” actionable per se. Plaintiff, Mary Cleveland, sues the defendant for slander, and charges that Cynthia Detweiler, wife of John, said: “ When you see Mary Cleveland, say dog, howl or whistle, and that will make her drop her feathers.” Also, “ when you see Mary Cleveland, you bark, say dog, whistle or howl, and that will make her drop her feathers.”
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Appeal from Van Burén County. Slander : words imputing bestiality to a “ female,” actionable per se. Plaintiff, Mary Cleveland, sues the defendant for slander, and charges that Cynthia Detweiler, wife of John, said: “ When you see Mary Cleveland, say dog, howl or whistle, and that will make her drop her feathers.” Also, “ when you see Mary Cleveland, you bark, say dog, whistle or howl, and that will make her drop her feathers.” Also, that “ Mary Cleveland killed the dog, and that she (meaning Mary) had been caught in the act with the dog, and the dog had died from the effect of it”— explained…
1Opinion of the CourtDillon, J.
1. Slander: woeds actionable. I. It is the law in this State, as shown by a long series of decisions, that words imputing to a female a want of chastity are actionable per se. This is an innovation upon the common law, an 1 was so regarded when the doctrine was declared. The earliest case was Cox v. Bunker, Morris, 269, decided by the Territorial Supreme Court, as early as 1844. Ten years after-wards, the same doctrine was declared in Dailey v. Reynolds, 4 G. Greene, 354 (1854). In 1856, the correctness of these cases came under review in Abrams v. Foshee, 3 Iowa, 274; and they were approved,…
2Cases cited5 opinions
- Abrams v. FosheeSupreme Court of Iowa · 1856
- Estes v. CarterSupreme Court of Iowa · 1860
- Beardsley v. BridgmanSupreme Court of Iowa · 1864
- Smith v. SilenceSupreme Court of Iowa · 1856
- Truman v. TaylorSupreme Court of Iowa · 1857
3Cited by5 opinions
- Cushing ex rel. Cushing v. HedermanSupreme Court of Iowa · 1902
- State v. GageSupreme Court of Iowa · 1908
- Rutherford v. PaddockMassachusetts Supreme Judicial Court · 1902
- Ballinger v. Democrat Co.Supreme Court of Iowa · 1927
- Kelley v. FlahertySupreme Court of Rhode Island · 1888