Swartzel v. Dey
Supreme Court of Kansas
Error from Wyandotte County. The facts in the case, sufficient to present the points decided, appear in the subjoined opinion of the court. 1st. The words per se-are not actionable; they import no crime known to the law of Kansas. 2d. The act of February 1859, adopting the common law of England, (Comp. L., 678,) require that special damages in such case be alleged and proved, Swift’s Dig., 182; Corslake v. Mapledoran, 2 T. R., 173, reported, 5 English Com.
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Error from Wyandotte County. The facts in the case, sufficient to present the points decided, appear in the subjoined opinion of the court. 1st. The words per se-are not actionable; they import no crime known to the law of Kansas. 2d. The act of February 1859, adopting the common law of England, (Comp. L., 678,) require that special damages in such case be alleged and proved, Swift’s Dig., 182; Corslake v. Mapledoran, 2 T. R., 173, reported, 5 English Com. L. R’pt., 197; Bailor d v. Reg emit, 2 Salida, 555; Brand v; Roberts, 1 Burrow R., 2118 ; Holt v. Scofield, 6 T. R., 691; Sergeant and…
1Opinion of the Court
By the Court,
Safford, J.
This was an action for slander brought by Annis Dey against John T. Swartzel, in the District Court of Wyandotte county.
The words charged in the petition to have been spoken of the plaintiff by the defendant, were “ shut your mouth you damned whore.” The defendant admitted the speaking of the words, alleging that at the time of the speaking, the plaintiff kept a house of ill-fame, then and there resorted to for the purpose of public prostitution — as matter of justification.
The case was first tried at the April term of said court, 1864, and a verdict rendered for the…
2Cited by6 opinions
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- St. Joseph & Denver City Railroad v. DrydenSupreme Court of Kansas · 1876
- Lewis v. Montgomery Ward & Co.Supreme Court of Kansas · 1936
- State v. WoodsSupreme Court of Kansas · 1892
- Railway Co. v. RobbinsSupreme Court of Arkansas · 1893
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