Legal Opinion

O'Conner v. O'Conner

Indiana Supreme Court

Decided May 15, 1865PublishedCited by 3 opinions

APPEAL from tbe Hendricks Circuit Court.

1Opinion of the CourtGregory, J.

Suit by tbe appellant against tbe appellee, in slander. Tbe complaint contains four paragraphs, a demurrer to each of wbicb was sustained by tbe court below, and final judgment tbereon.

Tbe ruling on tbe first paragraph was correct, for tbe reason that it is alleged that tbe slanderous words charged were spoken “ of and concerning tbe brothers (Patrick and Michael Chine) of said plaintiff;” and this averment is not contradicted by tbe other averments, except by innuendo, wbicb cannot control a direct and positive allegation.

*219The words charged in the second' paragraph are: “ They have killed my…

2Cases cited3 opinions

  1. Drummond v. LeslieIndiana Supreme Court · 1840
  2. Shinloub v. AmmermanIndiana Supreme Court · 1855
  3. Rodgers v. LaceyIndiana Supreme Court · 1864

3Cited by3 opinions

  1. Branstetter v. DorroughIndiana Supreme Court · 1882
  2. Casey v. HulganIndiana Supreme Court · 1889
  3. Ruble v. BuntingIndiana Court of Appeals · 1903

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