Mayo v. Sample
Supreme Court of Iowa
Appeal from Lee District Court. Slander: privileged communications: evidence. The plaintiff, in bis petition, avers that the defendant spoke concerning him the following words, in substance: “ You (the plaintiff) purchased stolen goods, knowing them to be stolen The defendant made two defenses. First, in denial, or, under former phraseology, not guilty.
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Appeal from Lee District Court. Slander: privileged communications: evidence. The plaintiff, in bis petition, avers that the defendant spoke concerning him the following words, in substance: “ You (the plaintiff) purchased stolen goods, knowing them to be stolen The defendant made two defenses. First, in denial, or, under former phraseology, not guilty. The second plea or answer was special, and in substance set up that tbe defendant, at the time the words charged were spoken, was mayor of the city of Keokuk, and, as such, ex officio, the head of the police department o.f the city, and…
1Opinion of the CourtDillon, J.
1. Slander: privileged communications. I. Words ordinarily slanderous may not be so because spoken by the party in the performance of Pu^c or official duty, upon a just occasion, and wiOvout malice. (See authorities cited in edieluding portion of opinion.) Words thus spoken come within the class of privileged communications; and are not actionable unless express malice be shown. ,
*310The jury have found the defendant’s second plea or answer to be true in point of feet. There is no satisfactory evidence of express malice, and its existence is rebutted by the finding of the jury. The defendant, by…
2Cases cited5 opinions
- Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
- Rector v. SmithSupreme Court of Iowa · 1860
- Streety v. WoodNew York Supreme Court · 1853
- Coombs v. RoseIndiana Supreme Court · 1846
- Faris v. StarkeCourt of Appeals of Kentucky · 1839
3Cited by14 opinions
- Davis v. HearstCalifornia Supreme Court · 1911
- Mills v. DennySupreme Court of Iowa · 1954
- Flanagan v. Nicholson Pub. Co.Supreme Court of Louisiana · 1915
- Ryan v. WilsonSupreme Court of Iowa · 1941
- Smith v. HowardSupreme Court of Iowa · 1869
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