Smith v. Silence
Supreme Court of Iowa
Appeal from the Dubuque District Court. This was an action to recover damages for slanderous words spoken of and concerning tbe plaintiff by the defendants, in calling ber a wbore. The petition alleges no special damages to plaintiff from the speaking of the words. There was a demurrer to the petition, which was overruled by the court. The defendants then answered, denying the allegations of petition.
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Appeal from the Dubuque District Court. This was an action to recover damages for slanderous words spoken of and concerning tbe plaintiff by the defendants, in calling ber a wbore. The petition alleges no special damages to plaintiff from the speaking of the words. There was a demurrer to the petition, which was overruled by the court. The defendants then answered, denying the allegations of petition. It appeared, during the progress of the trial, that plaintiff was a married woman, and that her husband was still living. Defendants moved the court to direct a nonsuit, for that reason; it…
1Opinion of the CourtStockton, J.
—The demurrer was waived by defendant’s answer to the petition. This is of the less consequence, in *323this case, as the same 'question is raised on the instruction given by the court to the jury, “that to call a woman a ‘ whore,’ is actionable of itself, without proof of special damage.” We think there was no error in this instruction. The question has been settled by the Supreme Court of this state, first, in the case of Cox et ux. v. Bunker et ux., Morris, 269, and that decision has been subsequently confirmed. See Reynolds v. Daley, Supreme Court, Iowa (not published); Abrams v. Foshee and…
2Cases cited8 opinions
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3Cited by11 opinions
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