Legal Opinion

Bedtkey v. Bedtkey

South Dakota Supreme Court

Decided February 12, 1902PublishedCited by 8 opinions

Appeal from circuit court, 'McCook county. Hon. Josupii W. Tonus, Judge. Action by Helen Bedtkey against Edward Bedtkey. From a judgment for plaintiff, defendant appeals. The facts are stated in the opinion. If the slanderous words are alleged to have been spoken of the plaintiff, the action must fail, if spoken to the plaintiff. Cyclopedia of PI. & Pr.

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Appeal from circuit court, 'McCook county. Hon. Josupii W. Tonus, Judge. Action by Helen Bedtkey against Edward Bedtkey. From a judgment for plaintiff, defendant appeals. The facts are stated in the opinion. If the slanderous words are alleged to have been spoken of the plaintiff, the action must fail, if spoken to the plaintiff. Cyclopedia of PI. & Pr. Vol. 13, p. 65, Sanford v. Gaddis, 15 111. 229; Becker v. Schiller, 49 111. Ap. 606; Williams v. Harrison, 3 iVlo. 411. If the words are charged to be spoken in the third person as "he”, etc., and the proof be of words in the second person, as…

1Opinion of the CourtFuuukR, J.

In this suit for slander, defamatory matter actionable per se is charged in the complaint as having been spoken by appellant of and concerning respondent, while the evidence admitted without objection shows that he spoke the words to her in. the presence and hearing of third persons familiar with the lan*314guage employed. In the coarsest terms known to the densely illiterate, he accused her of being a common thief, an adulteress, and a prostitute of the most detestable character. If true, the imputations are such that respondent is guilty of several distinct crimes punishable by imprisonment in…

2Cases cited7 opinions

  1. Wendt v. Chicago, St. P., M. & O. Railway Co.South Dakota Supreme Court · 1893
  2. Noyes v. BeldingSouth Dakota Supreme Court · 1894
  3. Gaines v. WhiteSouth Dakota Supreme Court · 1892
  4. Holdridge v. LeeSouth Dakota Supreme Court · 1892
  5. Jackson v. BellSouth Dakota Supreme Court · 1894

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Rickbeil v. Grafton Deaconess HospitalNorth Dakota Supreme Court · 1946
  2. State v. SmithSouth Dakota Supreme Court · 1904
  3. Dacotah Packing Co. v. BertelsonSouth Dakota Supreme Court · 1927
  4. Easton v. CranmerSouth Dakota Supreme Court · 1905
  5. First Nat. Bank v. EngebretsonSouth Dakota Supreme Court · 1911

3 more not listed; retrieve them via the Exa API.

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