Mousler & Wife v. Harding
Indiana Supreme Court
APPEAL from the Ripley Circuit Court. This was an action by Sarah A. Harding, the appellee, against the appellants, Herman Mousler and Nancy, his wife, for slandei’ous words spoken by said Nancy of the plaintiff. An answer was filed consisting of four paragraphs. The first was a general denial. The second and third were in mitigation of damages, upon which issues were foi’med.
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APPEAL from the Ripley Circuit Court. This was an action by Sarah A. Harding, the appellee, against the appellants, Herman Mousler and Nancy, his wife, for slandei’ous words spoken by said Nancy of the plaintiff. An answer was filed consisting of four paragraphs. The first was a general denial. The second and third were in mitigation of damages, upon which issues were foi’med. The foui’th pax’agraph was pleaded in bar of the action, and alleged, that, befoi’e the uttering of the words stated in the complaint, the plaintiff, in the presence of Mrs. Nelly Stening and other persons, stated that…
1Opinion of the CourtElliott, J.
The ruling of the circuit court in sustaining a demurrer to the fourth paragraph of the appellants’ answer presents the first question upon which- a- reversal of the judgment is claimed.
That paragraph admits the speaking of the slanderous words charged in the complaint, but fails to justify them;, or show by the averment of proper facts that they were' not spoken in the slanderous sense charged in the complaint.. The fact alleged in the paragraph, that the words were* spoken when said Nancy was provoked and excited by what" she was informed had been said concerning her and her husband, by the…
2Cases cited5 opinions
- Ward v. ColyhanIndiana Supreme Court · 1868
- Crane v. BuchananIndiana Supreme Court · 1868
- Albaugh v. JamesIndiana Supreme Court · 1868
- Yeates v. ReedIndiana Supreme Court · 1838
- Carnie v. MurphyIndiana Supreme Court · 1867
3Cited by7 opinions
- Sanders v. ReisterSupreme Court Of The Territory Of Dakota · 1875
- Branstetter v. DorroughIndiana Supreme Court · 1882
- Bennifield v. HypresIndiana Supreme Court · 1872
- Shields v. RuddyIdaho Supreme Court · 1891
- Henry v. MoberlyIndiana Court of Appeals · 1898
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