Zeliff v. Jennings
Texas Supreme Court
Appeal from Collin. Tried below before E. De Armond, Esq., special judge. Suit for slander, brought by appellee May 31, 1880. First and second amended original petitions filed January 16, 1882, and June 25,1883, charging appellant, Deliza Zeliff, wife of D. P. Zeliff, on the -day of May, 1880, and at divers times previous thereto, with uttering, publishing and circulating certain words charging her with unchastity; and in the second amended petition, charging her with…
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Appeal from Collin. Tried below before E. De Armond, Esq., special judge. Suit for slander, brought by appellee May 31, 1880. First and second amended original petitions filed January 16, 1882, and June 25,1883, charging appellant, Deliza Zeliff, wife of D. P. Zeliff, on the -day of May, 1880, and at divers times previous thereto, with uttering, publishing and circulating certain words charging her with unchastity; and in the second amended petition, charging her with intending to convey the impression, by the words originally set forth, that appellee had been guilty of the crimes of adultery…
1Opinion of the Court
Stayton, Associate Justice.—
The defamatory language made the basis of this action was substantially the same as set forth in the *464original petition, filed very soon after the language was alleged to have been uttered, as was it in the amended petition on which the cause was tried. Such statements in the amended petition as differed from those contained in the original petition were not part of the language made the basis of the action, but such only as related to the averment, colloquium or innuendo. These matters in no manner changed the cause of action, and the court did not err in…
2Cases cited15 opinions
- Scoby v. SweattTexas Supreme Court · 1866
- Cole v. TuckerTexas Supreme Court · 1851
- Hoag v. HatchSupreme Court of Connecticut · 1855
- Jenison v. GravesIndiana Supreme Court · 1831
- Giddens v. MirkSupreme Court of Georgia · 1848
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3Cited by43 opinions
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- Buck v. SavageCourt of Appeals of Texas · 1959
- Kellar v. JamesWest Virginia Supreme Court · 1907
- Democrat Publishing Co. v. JonesTexas Supreme Court · 1892
- Curtis v. AshworthSupreme Court of Georgia · 1928
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