Atwinger v. Fellner
Supreme Court of Missouri
Error to First District Court. I. In a petition for words spoken it is necessary to aver that they were spoken in the presence of some person. (1 Stark, on Slander, 860; Sto. 70; 2 Mod. 41; Cro. Eliz. 861; Moss v. Thacker, 2 Lev. 193 ; Wood v. Gilchrist, 1 Code Rep. 117; 3. ■How. Pr. 406; Burbank v. Horn, 39 Me. 233; Bradshaw v. Perdue, 12 Ga. 510 ; Ware v. Cartledge, 24_Ala. 622 ; Townsh. on Sland. and Lib., § 324; Burton v. Burton, 8 Greenl., Iowa, 316; 1 Chit.
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Error to First District Court. I. In a petition for words spoken it is necessary to aver that they were spoken in the presence of some person. (1 Stark, on Slander, 860; Sto. 70; 2 Mod. 41; Cro. Eliz. 861; Moss v. Thacker, 2 Lev. 193 ; Wood v. Gilchrist, 1 Code Rep. 117; 3. ■How. Pr. 406; Burbank v. Horn, 39 Me. 233; Bradshaw v. Perdue, 12 Ga. 510 ; Ware v. Cartledge, 24_Ala. 622 ; Townsh. on Sland. and Lib., § 324; Burton v. Burton, 8 Greenl., Iowa, 316; 1 Chit. PI. 406-8; 2 Chit. PI. 633-41; Nash’s PI. andPr.' 50, 215; 3 N. Y. Pr. 91.) II. If the words be spoken in a foreign language, an…
1Opinion of the Court
WaGNER',- Judge,
delivered'the opinion'of the'court.
• The motion in arrest brings up for our determination the sufficiency of the petition. The action was for slander, and the petition alleged that- the defendant spoke in the German language .the false and slanderous words of and concerning the plaintiff. There was no allegation that the words were uttered in the presence of any. one, or- that they were understood by those present. The petition was in substantial compliance with the code, and no objection was made to it; but an answer was filed .containing a denial of the facts stated, and.…
2Cases cited2 opinions
- Guard v. RiskIndiana Supreme Court · 1858
- Stieber v. WenselSupreme Court of Missouri · 1854
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