Israel v. Israel
Missouri Court of Appeals
Appeal'from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) None of the language of the defendant charged in the petition was actionable at common law. “Words, to be actionable, when spoken of a person not in any office, trade or profession, must imply the imputation of an offense which would subject the offender to some infamous crime.”
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Appeal'from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) None of the language of the defendant charged in the petition was actionable at common law. “Words, to be actionable, when spoken of a person not in any office, trade or profession, must imply the imputation of an offense which would subject the offender to some infamous crime.” Nelson v. Musgrave, 10 Mo. 648. (2) Words imputing adultery or unchastity were not actionable at common law, unless they were spoken of one holding an office or carrying on a trade or profession. Odgers on Lible and Slander (2 Ed.), p. 65;…
1Opinion of the CourtGoode, J.
(after stating the facts). — The errors assigned on this appeal relate exclusively to the rulings below on the requests for instructions to the jury. No special damage was stated to have attended the false charges in regard to the plaintiff’s treatment of her insane husband, nor was any special damage proved to have resulted from anything the defendant said. The charges regarding her behavior to her husband were not actionable without such proof, and, therefore, were withdrawn from the- jury’s consideration. But the imputation against the plaintiff’s chastity, if false and uttered…
2Cases cited28 opinions
- Callahan v. IngramSupreme Court of Missouri · 1894
- Brewer v. ChaseMichigan Supreme Court · 1899
- Nicholson v. RogersSupreme Court of Missouri · 1895
- Rollins v. ClaybrookSupreme Court of Missouri · 1856
- Maynard v. BeardsleyCourt for the Trial of Impeachments and Correction of Errors · 1831
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3Cited by8 opinions
- Boyce v. WheelerMissouri Court of Appeals · 1917
- Times Pub. Co. v. RayCourt of Appeals of Texas · 1927
- Miller v. DorseyMissouri Court of Appeals · 1910
- Hall v. BrookshireMissouri Court of Appeals · 1955
- Reding v. RedingMissouri Court of Appeals · 1910
3 more not listed; retrieve them via the Exa API.