Harris v. Woody
Supreme Court of Missouri
APPEAL from Greene Circuit Court. POINTS AND AUTHORITIES. 1. The court erred in instructing the jury. The instructions directed the jury to find for the defendant. Hughes vs. Ellison, 5 Mo. Rep. 112. Error in court to instruct that the evidence is not sufficient. La-beaume vs. Dozier, et al. 1 Mo. Rep. 618. Error to give an instruction which takes the case from the jury. Morton vs. Reed, 6 Mo.
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APPEAL from Greene Circuit Court. POINTS AND AUTHORITIES. 1. The court erred in instructing the jury. The instructions directed the jury to find for the defendant. Hughes vs. Ellison, 5 Mo. Rep. 112. Error in court to instruct that the evidence is not sufficient. La-beaume vs. Dozier, et al. 1 Mo. Rep. 618. Error to give an instruction which takes the case from the jury. Morton vs. Reed, 6 Mo. Re.p. 64. Berry vs. Dryden, 7 lb. 224. 2. That upon the evidence, plaintiff was entitled to recover. The words as laid in the declaration were proven; and the obvious import of the language is, to…
1Opinion of the CourtScott, J.
This was an action of slander in the Greene Circuit Court, instituted by Harris against Woody, in which Woody obtained judgment, from which Harris has appealed to this court.
The declaration contained three counts: the first alleges that there was a suit pending in the justices’ court, in' which the plaintiff was sworn as a witness; and that the defendant, speaking of the testimony given by the plaintiff on the trial of the said cause, said he had sworn a lie, or a damned lie, and could prove it. There is no allegation in this count, that the matter sworn to by thé plaintiff on the trial, was…
2Cases cited3 opinions
- Rucker v. EddingsSupreme Court of Missouri · 1841
- Stothert v. KnoxSupreme Court of Missouri · 1838
- Labeaume v. DodierSupreme Court of Missouri · 1826
3Cited by5 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Boland v. Missouri RailroadSupreme Court of Missouri · 1865
- Cook v. Pulitzer Publishing Co.Supreme Court of Missouri · 1912
- McManus v. JacksonSupreme Court of Missouri · 1859
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910