Ashford v. Richardson
Supreme Court of Arkansas
Appeal from Garland Circuit Court; W. H. Bvans, Judge; STATEMENT BY TI-IE COURT. Carter Richardson brought this suit in the Garland Circuit Court against Fred C. Ashford, and united in the same complaint an alleged cause of action for slander with one for malicious prosecution.
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Appeal from Garland Circuit Court; W. H. Bvans, Judge; STATEMENT BY TI-IE COURT. Carter Richardson brought this suit in the Garland Circuit Court against Fred C. Ashford, and united in the same complaint an alleged cause of action for slander with one for malicious prosecution. The complaint alleges: “That on the 10th day of May, 1906, the defendant in a certain discourse which he then and there had with the plaintiff in the presence and hearing of Walter Flowers, Arthur Owens, Bob Jones and divers other good and worthy persons, falsely, slanderously and maliciously spoke of and concerning…
1Opinion of the Court
Hart, J.,
(after stating the facts). The sole issue raised by the appeal in this case is. whether the actions for slander and for malicious prosecution may be joined in the same complaint.
Section 6079 of Kirby’s Digest is as follows:
“Several causes of action may 'be united in the same complaint where each affects all of the parties to the action, may be brought in the same county, be prosecuted by the same kind of proceedings, and all belong to one of the. following classes:
“Fifth. Claims arising from injuries to character.”
“Sixth. Claims arising from injuries to persons or property.”
Counsel…
2Cases cited1 opinion
- Mahoney v. RobertsSupreme Court of Arkansas · 1908
3Cited by3 opinions
- American Insurance v. HaynieSupreme Court of Arkansas · 1909
- Weigel v. McCloskeySupreme Court of Arkansas · 1914
- Tillar v. ReynoldsSupreme Court of Arkansas · 1910