Trimble v. Foster
Supreme Court of Missouri
Appeal from Moberly Court of Common Pleas. — IIon. Gr. H. Burokhartt, Judge. (1) Defendant’s answer is insufficient, uncertain, inconsistent and indefinite, and plaintiff ’ s motion to strike out parts of it should have been sustained. Defendant neither avers nor denies the truth of the charges so as to make an issue of that fact before the jury.
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Appeal from Moberly Court of Common Pleas. — IIon. Gr. H. Burokhartt, Judge. (1) Defendant’s answer is insufficient, uncertain, inconsistent and indefinite, and plaintiff ’ s motion to strike out parts of it should have been sustained. Defendant neither avers nor denies the truth of the charges so as to make an issue of that fact before the jury. The trial court should have required the pleadings to go to an extent to secure pleadings based upon them that would inform the jury under the evidence whether the plaintiff in a slander suit is guilty or innocent of the charge. 2 G-reenleaf on…
1Opinion of the CourtHenry, C. J.
This is an action of slander, in which the words alleged to have been spoken by defendant of the plaintiff are the following: “He is a thief; he is a d — d thief.”
In his answer, defendant admitted the speaking of the words, but denied that they were spoken falsely and maliciously for the purpose of slandering the plaintiff,, but because he believed that plaintiff had been guilty of stealing his property. ■ For a more specific answer, he states that he purchased of plaintiff a farm, in Randolph ■county, and plaintiff delivered to him possession thereof, ■ and prior to the speaking of said…
2Cases cited4 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Hall v. AdkinsSupreme Court of Missouri · 1875
- Carmichael v. ShielIndiana Supreme Court · 1863
- Upham v. DickinsonIllinois Supreme Court · 1869
3Cited by17 opinions
- State ex rel. Boswell v. CurtisMissouri Court of Appeals · 1960
- Brown v. George Knapp & Co.Supreme Court of Missouri · 1908
- Sotham v. Drovers Telegram Co.Supreme Court of Missouri · 1912
- Lonergan v. LoveMissouri Court of Appeals · 1941
- Israel v. IsraelMissouri Court of Appeals · 1904
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