Courtney v. Blackwell
Supreme Court of Missouri
' Appeal from Boone Circuit Court. — Hon. John A. Hookaday, Judge. (1) The facts set forth in the special findings of the trial court, viz., that the defendant falsely denied having made the slanderous charges, and thereby induced the plaintiff to dismiss her original suit and enter into the settlement, are not sufficient to justify the setting aside of the release; The plaintiff, having brought an action against the defendant for the publication of this slander, knew what…
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' Appeal from Boone Circuit Court. — Hon. John A. Hookaday, Judge. (1) The facts set forth in the special findings of the trial court, viz., that the defendant falsely denied having made the slanderous charges, and thereby induced the plaintiff to dismiss her original suit and enter into the settlement, are not sufficient to justify the setting aside of the release; The plaintiff, having brought an action against the defendant for the publication of this slander, knew what she could establish by proof on this subject, and hence can not now complain of his denial of the publication as…
1Opinion of the CourtBeace, J.
This is an appeal from a decree and judgment of tbe circuit court of Boone county in which the pleadings, finding, decree and judgment are as follows:
PETITION.
“In the Circuit Court of Boone County, Missouri, June Term, 1897. Etta Courtney, nee Hancock, plaintiff, vs. James S. Blackwell, defendant.
“Plaintiff for her second amended petition, leave of court being first had and obtained, states that heretofore, to wit, on or about the 12th day of January, 1892, at the county of Boone and State of Missouri, it having been reported to E. C. Olinkscales, then marshal of the city of Columbia, in the…
2Cases cited6 opinions
- Blount v. SprattSupreme Court of Missouri · 1892
- Hancock v. BlackwellSupreme Court of Missouri · 1897
- Buel v. St. Louis Transfer Co.Supreme Court of Missouri · 1870
- Parker v. VanhoozerSupreme Court of Missouri · 1898
- Berlien v. BielerSupreme Court of Missouri · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Clark v. McClurgCalifornia Supreme Court · 1932
- Mathews v. SniggsSupreme Court of Oklahoma · 1919
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- Hoagland v. Forest Park Highlands Amusement Co.Supreme Court of Missouri · 1902
- Miller v. HaynesMissouri Court of Appeals · 1970
44 more not listed; retrieve them via the Exa API.