Boggess v. Read
Supreme Court of Iowa
Appeal from Page District Gowrt. — Hon. N. W. Maoy, Judge. The plaintiff’s cause of action is based on tbe alleged publication of certain false and slanderous statements pertaining to tbe plaintiff, who is a minister of tbe gospel, to tbe effect tbat be was dishonest and lewd.
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Appeal from Page District Gowrt. — Hon. N. W. Maoy, Judge. The plaintiff’s cause of action is based on tbe alleged publication of certain false and slanderous statements pertaining to tbe plaintiff, who is a minister of tbe gospel, to tbe effect tbat be was dishonest and lewd. Tbe trial presented an issue of facts as to tbe conduct of tbe plaintiff in having illicit intercourse with one Mrs. Smith, and considerable testimony was adduced tending to establish tbe fact, as well as against it. Tbe trial resulted in a verdict for tbe plaintiff. Tbe defendant moved for a new trial upon various…
1Opinion of the CourtGranger, J.
1. Newly trial: discovered evidence: construction of term "cumulative." I. Tbe only question presented by tbe plaintiff’s appeal is as to tbe correctness of tbe court’s ruling in granting a new trial. Three separate assignments are urged against the action of tbe court: First. That the newly discovered evidence is cumulative; second, tbat tbe defendant fails to show diligence in securing tbe evidence for tbe trial; and, third, tbat a new trial should not be granted, as a matter of law, for newly discovered *550evidence, where the defense is a plea of justification. The assignments will be noticed…
2Cases cited4 opinions
- Alger v. MerrittSupreme Court of Iowa · 1864
- Smith v. WagamanSupreme Court of Iowa · 1882
- First National Bank of Iowa City v. Charter Oak InsuranceSupreme Court of Iowa · 1875
- Stineman v. BeathSupreme Court of Iowa · 1872
3Cited by11 opinions
- State v. EvansOregon Supreme Court · 1920
- Guth v. BellSupreme Court of Iowa · 1911
- Bullard v. BullardSupreme Court of Iowa · 1900
- Means Bros. v. YeagerSupreme Court of Iowa · 1896
- State v. LowellSupreme Court of Iowa · 1904
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