Tharp v. Nolan
Court of Appeals of Kentucky
Case 113 — Action by O. K. Nolan v. A. J. Ti-iarp, for Slander. — - Judgment for Plaintiff. Defendant Appeals. appeal from poavell circuit court — J. M. BENTON, circuit judge. 1. It is a well settled rule that in an action for slander the petition must allege and the plaintiff must prove the words spoken.
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Case 113 — Action by O. K. Nolan v. A. J. Ti-iarp, for Slander. — - Judgment for Plaintiff. Defendant Appeals. appeal from poavell circuit court — J. M. BENTON, circuit judge. 1. It is a well settled rule that in an action for slander the petition must allege and the plaintiff must prove the words spoken. It is not sufficient to prove words of the same effect, or that import or convey the same meaning. 2. The statement, “I put up money to elect him,” when spok-' en of a private citizen who is a candidate for office, does not .amount to charge of bribery -and if the statements were true the…
1Opinion of the Court
Opinion op the court by
CHIEF JUSTICE HOBSON
Reversing.
Appellee sued appellant for slander; charging that he said about him on or about July 10, 1899, and on divers *872other days, the following words: “I bribed him in the railroad case. I know he was bribed, and can do it again. He sold, out in the railroad ease, and received a bribe.” He alleged that the defendant thereby meant that he had committed the crime" of receiving a bribe and being bribed as a citizen and justice of the peace, which office he then held, to vote on a matter to be decided by the plaintiff, as. such officer, in regard to…
2Cases cited2 opinions
- McNamara v. ShannonCourt of Appeals of Kentucky · 1871
- Sproul v. ReedCourt of Appeals of Kentucky · 1880
3Cited by7 opinions
- Baskett v. CrossfieldCourt of Appeals of Kentucky · 1920
- Moore v. JohnsonCourt of Appeals of Kentucky · 1912
- Martin v. WhiteCourt of Appeals of Kentucky · 1920
- Sengel v. PiersonCourt of Appeals of Kentucky · 1917
- Bishop v. SmithCourt of Appeals of Kentucky · 1923
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