Elkins v. Roberts

LATIMER, Justice.

This appeal is from order of the court dismissing the action after having sustained demurrer to petition and amended petition. The petition alleged that Elmer C. Roberts “in the presence of divers persons falsely and maliciously spoke of and concerning the plaintiff, these words, ‘Clifford Elkins swore a lie and I am going to indict him for it,’ thereby meaning that the plaintiff had committed the crime of false swearing, a felony to plaintiff’s damage in the sum of five thousand ($5000.00) dollars.”

In amended petition it was alleged: “The plaintiff, before answer, amends his…