Jones v. Brownlee
Supreme Court of Missouri
Appeal from Knox Circuit Court. — Hon. E. B. McKee, Judge. Privilege is classed as absolute and conditional. In this particular case it is conditionally privileged, there being evidence to show want of good faith and bad intent on the part of defendant in charging the plaintiff with adultery, and it was the duty of the court to submit the question to the jury.
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Appeal from Knox Circuit Court. — Hon. E. B. McKee, Judge. Privilege is classed as absolute and conditional. In this particular case it is conditionally privileged, there being evidence to show want of good faith and bad intent on the part of defendant in charging the plaintiff with adultery, and it was the duty of the court to submit the question to the jury. Townshend on Libel and Slander (4 Ed.), p.’514. The fact that defendant did not have any evidence to establish the charge, and the absence of any allegation in the answer as to the truth of the libel, would deprive defendant of the plea…
1Opinion of the CourtGantt, J.
This is an action for libel alleged to have been made by appellant, Mrs. Brownlee, in an answer and cross-bill filed by her in a suit brought by her husband, E. C. Brownlee, against her, for divorce, in the circuit court of Knox county, in this State.
The alleged libel consists in the following averment in the answer and cross-bill of defendant in said divorce proceeding: “And for further cause of divorce defendant says and charges it to be a fact that since the marriage aforesaid the plaintiff (meaning the said E. C. Brownlee) has been guilty of consorting and cohabiting with other women,…
2Cases cited8 opinions
- Johnson v. BrownWest Virginia Supreme Court · 1878
- Lawson v. HicksSupreme Court of Alabama · 1862
- McGinnis v. CurryWest Virginia Supreme Court · 1878
- Strauss v. MeyerIllinois Supreme Court · 1868
- Sullivan v. Strathan-Hutton-Evans Commission Co.Supreme Court of Missouri · 1899
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3Cited by19 opinions
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- Laun v. Union Electric Co. of MissouriSupreme Court of Missouri · 1942
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