Legal Opinion · Concurrence

Cook v. Globe Printing Co.

Supreme Court of Missouri

Decided April 26, 1910Published

Appeal from Chariton Circuit Court. — Eon. Jno, P. Butler, Judge. (1) The gist of the complaint of the plaintiff is that defendant published that plaintiff had made' a false affidavit under the Corrupt Practices Act, and thereby charged the plaintiff with the crimes of perjury and of making a false affidavit.

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Appeal from Chariton Circuit Court. — Eon. Jno, P. Butler, Judge. (1) The gist of the complaint of the plaintiff is that defendant published that plaintiff had made' a false affidavit under the Corrupt Practices Act, and thereby charged the plaintiff with the crimes of perjury and of making a false affidavit. The petition alleged in one count that defendant in the publication pleaded had charged plaintiff with the two independent and separate crimes of perjury and of making a false affidavit. It is apparent from the instructions that the issue of whether or not the portions of the publication…

1Concurrence

*552SEPARATE CONCURRING OPINION.

WOODSON, J.

While concurring in the majority opinion filed herein, I wish to do so substantially in the language of the opiniop, written and filed by me in Division One of this court.

I will not undertake to make a full statement of all of the libelous charges published of and concerning the plaintiff, but sufficient only upon which to predicate the following observations.

The libelous article sued on is headed:

“OLD POLITICIAN ON PARTY FUNDS.’
“fight of the people.
“ Wrecks Through Covering Up And Fraud In Campaign Contributions.
“The Present Investigation.
“The Thursday…

2Cases cited22 opinions

  1. Arkansas Valley Land & Cattle Co. v. MannSupreme Court of the United States · 1889
  2. Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
  3. Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
  4. Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
  5. Loyd v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1873

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