McManus v. Jackson
Supreme Court of Missouri
Error to Bates Circuit Court. This was an action to recover damages for slanderous words spoken of the plaintiff. The petition contains three counts.
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Error to Bates Circuit Court. This was an action to recover damages for slanderous words spoken of the plaintiff. The petition contains three counts. The first count states that at a certain specified time the plaintiff was road overseer; that as such he notified the hands in ]fis district to work the roads ; that among the persons so notified were persons in the employ of the defendant; that the latter refused and failed to work on the road as the law directs; that the plaintiff returned a list of the persons so refusing to a justice of the peace to be dealt with according to law ; that it…
1Opinion of the CourtRiohardson, Judge
When the slanderous words used in the petition are actionable of themselves, it is not necessary to make any prefatory averments as to the circumstances to which they refer; but if the words do not per se convey the meaning which the plaintiff would assign to them, the petition must contain a statement of the extrinsic matter necessary to show that they are actionable, and whatever is necessary to be stated for that purpose must be proved. (1 Chitty Plead. 429 ; 2 Greenl. Ev. § 413 ; 1 Stark. Ev. 460.)
It is well settled that it is not actionable to charge a per*59son with swearing a lie, unless…
2Cases cited2 opinions
- Perselly v. BaconSupreme Court of Missouri · 1855
- Harris v. WoodySupreme Court of Missouri · 1845
3Cited by9 opinions
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- Walker v. Kansas City Star CompanySupreme Court of Missouri · 1966
- Krup v. CorleyMissouri Court of Appeals · 1902
- Walsh v. Pulitzer Publishing Co.Supreme Court of Missouri · 1913
- Curry v. CollinsSupreme Court of Missouri · 1866
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