De Van Rose v. Tholborn
Missouri Court of Appeals
Appeal from Jasper Circuit Court.- — Eon. D. E. Blair, Judge. (1) The proof must be equivalent to the charge alleged in the petition. Though the charge is substantially the same, yet if in different phraseology it will not support the action. Yager v. Bruce, 116 Mo. App. 473;. Burch v. Benton, 26 Mo. 153; TJnterberger v. S char if, 51 Mo.
Read the full summary
Appeal from Jasper Circuit Court.- — Eon. D. E. Blair, Judge. (1) The proof must be equivalent to the charge alleged in the petition. Though the charge is substantially the same, yet if in different phraseology it will not support the action. Yager v. Bruce, 116 Mo. App. 473;. Burch v. Benton, 26 Mo. 153; TJnterberger v. S char if, 51 Mo. App. 102; Berry v. Dry den, 7 Mo. 324; Burch v. Benton, 21 Mo. 161; Chrystal v. Craig, 80 Mo. 375. (2) The court erred in permitting witness Mclnturf, offered by plaintiff, to testify that defendant said, “Is that woman rooming at your house? If, she is, you…
1Opinion of the CourtCox, J.
Action for slander. Plaintiff recovered a verdict for actual damages in the sum of eight hundred dollars, and defendant has appealed.
The petition charged defendant with having made various slanderous statements relating to plaintiff’s, character, but only two were submitted to the jury, to-wit: That defendant, in a conversation with one George Post, used the following language in relation to plaintiff. “You spent the night with Mrs. Rose,” and that defendant had, in a conversation with one Andy Mclnturff, used the folloAving language in relation to plaintiff: “Post spent the night with Mrs.…
2Cases cited7 opinions
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Finley v. SteeleSupreme Court of Missouri · 1900
- Holmes v. Royal Fraternal UnionSupreme Court of Missouri · 1909
- State v. GesellSupreme Court of Missouri · 1894
- Wright v. Kansas CitySupreme Court of Missouri · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- D. & H. Truck Line v. HopsonCourt of Appeals of Texas · 1928
- Vanloon v. VanloonMissouri Court of Appeals · 1911
- Walgreen Co. v. CochranCourt of Appeals for the Eighth Circuit · 1932
- Weller v. ProvowMissouri Court of Appeals · 1927