Barkly v. Copeland
California Supreme Court
Appeal from a judgment of a Superior Court of Tehama County, and from an order refusing a new trial. The action was brought to recover damages for a slander, which was alleged to consist in falsely charging the plaintiff with being interested with one Russell Speegle in the larceny of certain cattle, the property of one Thomas Polk, and with receiving the same, knowing them to have been stolen by Speegle.
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Appeal from a judgment of a Superior Court of Tehama County, and from an order refusing a new trial. The action was brought to recover damages for a slander, which was alleged to consist in falsely charging the plaintiff with being interested with one Russell Speegle in the larceny of certain cattle, the property of one Thomas Polk, and with receiving the same, knowing them to have been stolen by Speegle. On the trial, the plaintiff, for the purpose of impeaching the testimony of Speegle, ■called A. J. Clark as a witness, and asked him to state a •certain conversation had between himself and…
1Opinion of the CourtThornton, J.
Action to recover damages for slanderous words spoken by defendant of plaintiff.
The plaintiff recovered a verdict of one dollar damages. He then moved for a new trial, which was denied, and from the judgment and the above order plaintiff appealed.
In regard to the motion of plaintiff to strike out certain portions of defendant’s answer, to which our attention is first called, we will remark that only such mitigating circumstances as were within the knowledge of the defendant when he spoke the words complained of can be alleged in the answer. (See Willover v. Hill, 72 N. Y. 36; Hatfield v.…
2Cases cited13 opinions
- People v. DoyellCalifornia Supreme Court · 1874
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- State v. VincentSupreme Court of Iowa · 1868
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- Bennett v. HydeSupreme Court of Connecticut · 1825
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