Walter v. Hoeffner
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The alleged slanderous words charged in both counts, if spoken, were parts of one conversation and imputed but one crime to plaintiff, and, therefore, make but one cause of action. Hence, the court erred in overruling, before and after the taking of plaintiff’s evidence, defendant’s motion to elect. Casey v. Aubuchón, 25 Mo.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The alleged slanderous words charged in both counts, if spoken, were parts of one conversation and imputed but one crime to plaintiff, and, therefore, make but one cause of action. Hence, the court erred in overruling, before and after the taking of plaintiff’s evidence, defendant’s motion to elect. Casey v. Aubuchón, 25 Mo. App. 91. (2) The court erred in limiting defendant in cross-examination of plaintiff’s witness, Officer Dillon, and in doing so laid down a rule that wrongfully (abridged defendant’s rights in…
1Opinion of the CourtRombauer, P. J.
The action is for slander. The petition is in two counts. The first count charges the speaking of the words, “ slut, bitch and whore,” of and concerning the plaintiff, in the presence and hearing of others; and the second count the speaking of the following words: “You [meaning plaintiff] are a street walker, and that you [meaning plaintiff] fooled with the roomers to support Mr. Walter [meaning plaintiff’s husband], and that the $10 a week you [meaning the plaintiff] paid while Mr. Walter [meaning plaintiff’s husband] was at the hospital was made in a dishonest way.” The speaking of the…
2Cases cited9 opinions
- Noeninger v. VogtSupreme Court of Missouri · 1886
- Brown v. BurrusSupreme Court of Missouri · 1843
- Clark v. FairleyMissouri Court of Appeals · 1888
- Jones v. RobertsMissouri Court of Appeals · 1889
- Page v. KankeySupreme Court of Missouri · 1840
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. GardnerSupreme Court of Missouri · 2000
- La Rue v. KempfMissouri Court of Appeals · 1914
- Diel v. StegnerMissouri Court of Appeals · 1894
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910