Klumph v. Dunn
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crawford county: No. 144, to October and November Term 1868. This was an action of slander brought June 28th 1865 by James L. Dunn against Lester E. Klumph.
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Error to the Court of Common Pleas of Crawford county: No. 144, to October and November Term 1868. This was an action of slander brought June 28th 1865 by James L. Dunn against Lester E. Klumph. The declaration was:— “ That whereas, he, the said James L. Dunn (a practising physician and married man), is a good, true, faithful and honest citizen of Pennsylvania, and from the time of his nativity hitherto hath been held, esteemed and reputed of good name, &c., and from drunkenness, adultery and all other acts of a degrading character free, &c. Nevertheless the aforesaid Lester E. Klumph, not…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1871, by
Shaeswoob, J.
— It is not necessary that all the words laid in *144the declaration should be actionable. It is sufficient if some of them are. The court below, therefore, were not required either to affirm or deny the defendant’s first point as presented: “ that all the words charged were not actionable.” They answered correctly that the words laid were actionable without saying whether all were. It is true that a general judgment in slander, where some of the counts set out words which are not actionable, is erroneous; but non sequitur…
2Cases cited4 opinions
- Beehler v. SteeverSupreme Court of Pennsylvania · 1837
- Langdon v. YoungSupreme Court of Vermont · 1860
- Van Ankin v. WestfallNew York Supreme Court · 1817
- Colbert v. CaldwellSupreme Court of Pennsylvania · 1858
3Cited by21 opinions
- Corabi v. Curtis Publishing Co.Supreme Court of Pennsylvania · 1971
- Hartmann v. Time, Inc.Court of Appeals for the Third Circuit · 1948
- Albert Ettore v. Philco Television Broadcasting Corporation, Clayton, Inc. & Chesebrough Manufacturing Company, ConsolidatedCourt of Appeals for the Third Circuit · 1956
- Hepps v. Philadelphia Newspapers, Inc.Supreme Court of Pennsylvania · 1984
- Moran v. Pittsburgh-Des Moines Steel Co.Court of Appeals for the Third Circuit · 1948
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