Smith v. Mustain

Opinion op the Court by

Drury, Commissioner

Reversing.

The appellant seeks to reverse a judgment for $245.00 obtained against him by Gordon Mustain for having said of and concerning Mustain in the presence of a number of people that, “He swore a lie.” A bastardy proceeding had been instituted by a young woman against Loyd Smith in the Edmonson county court, charging him with being the father of a bastard child born to her. Upon the third trial of the case Smith introduced, as a witness in his own behalf, on cross-examination, was asked whether or not he had had a conversation with Gordon Mustain…