Murten v. Garbe

The plaintiff recovered a verdict and judgment against the defendant for $1,000 damages in the district court for Fillmore county in an action for slander. The slanderous words used, as alleged in the petition, were, “He stole my corn,” and in the second count, “Murten stole 700 bushels *590of corn.” The answer was a general denial. Two questions are presented by this appeal.

1. The motion for new trial was filed after the adjournment of the term, but within three days after the verdict was rendered. The motion was stricken from the* files, and the defendant urges this ruling as the first ground…