Verner v. Verner
Mississippi Supreme Court
Appear from the Circuit Court of Monroe County. Hon. J. W. Buchanan, Judge. Mary Y. Yerner brought this action for damages against Sallie J. Yerner, for slander. The declaration alleges that the defendant testified against plaintiff in a cause before the chanceiy court; in which plaintiff was seeking alimony from her husband, Geo.
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Appear from the Circuit Court of Monroe County. Hon. J. W. Buchanan, Judge. Mary Y. Yerner brought this action for damages against Sallie J. Yerner, for slander. The declaration alleges that the defendant testified against plaintiff in a cause before the chanceiy court; in which plaintiff was seeking alimony from her husband, Geo. P. Yerner;. that the testimony complained of (and set out in the declaration) was false; that it was given in malice and not in good faith as a witness; and that the words “from their construction and common acceptation are considered as insults, and lead to…
1Opinion of the CourtCampbell, J.
The immunity of a witness in a judicial proceeding from liability to an action for slander is not affected by § 1004 of the code. “Justice and the cause of good government would suffer if it were' otherwise,” and it is inconceivable that the legislature intended by the enactment of said section to inflict a blow on “justice and the cause of good government.”
Affirmed.
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