Hauser v. Steigers
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Dan’l G. Taylor, Judge. (1) (a) To render words actionable per se, where the charge is the commission of a crime; the crime charged must be indictable, or punishable by imprisonment, or other corporal penalty, or punishable by an infamous punishment; and they must make out the charge without requiring any help from the surrounding facts.
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Appeal from St. Louis City Circuit Court. — Hon. Dan’l G. Taylor, Judge. (1) (a) To render words actionable per se, where the charge is the commission of a crime; the crime charged must be indictable, or punishable by imprisonment, or other corporal penalty, or punishable by an infamous punishment; and they must make out the charge without requiring any help from the surrounding facts. Bige-Ioav on Torts (8 Ed.), ch. IX, sec. 1, p. 285; Curry v. ■Collins, 37 Mo. 328; Bundy v. Hart, 46 Mo. 462; Houston v. Woolley, 37 M'o. App. 24. (b) The words charged in the petition are not actionable per…
1Opinion of the CourtGoode, J.
(after stating the facts). — 1. One assignment of error is for failure to prove the slanderous words alleged in the petition, the allegation being, as we have stated, in two forms. There was proof defendant used the exact words the petition charges him with having used and in both forms. This proof was, of course, sufficient. It is true the witnesses did not all agree as to defendant’s exact phraseology and sometimes stated his language with immaterial variations. Nevertheless, the very words laid in the petition were sworn to by one or more witnesses, while others testified to what the books…
2Cases cited6 opinions
- Birch v. BentonSupreme Court of Missouri · 1858
- Nicholson v. RogersSupreme Court of Missouri · 1895
- Lewis v. McDanielSupreme Court of Missouri · 1884
- Pennington v. MeeksSupreme Court of Missouri · 1870
- Berry v. DrydenSupreme Court of Missouri · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Boyce v. WheelerMissouri Court of Appeals · 1917
- Kirk v. EbenhochSupreme Court of Missouri · 1945
- Lemaster v. EllisMissouri Court of Appeals · 1913
- Dickensheet v. Chouteau Mining Co.Missouri Court of Appeals · 1918
- Haynes v. RobertsonMissouri Court of Appeals · 1915
5 more not listed; retrieve them via the Exa API.