Legal Opinion

Miles v. Harrington

Supreme Court of Kansas

Decided July 15, 1871PublishedCited by 11 opinions

Error from Brown District Oourt. Action of slander, brought by Bcvrrington against Miles. Miles had been prosecuted before a justice of the peace for an assault and battery, and on the trial thereof Harrington had testified as a witness on the part of the state.

Read the full summary

Error from Brown District Oourt. Action of slander, brought by Bcvrrington against Miles. Miles had been prosecuted before a justice of the peace for an assault and battery, and on the trial thereof Harrington had testified as a witness on the part of the state. The petition alleged that Miles, in speaking of Barrington, and of the testimony given by him on the trial of said assault-and-battery ease, said — “Harrington swore to a damned lie — that’s all there is about that;” and that in speaking to Bcurrmgton in the presence and hearing of divers other persons Miles had said— “You are a…

1Opinion of the Court

The opinion of the court was delivered by.

Yalenunb, J.:

This whole case depends upon whether there was error in the instructions given and refused to be given by the court below to the jury. The plaintiff in error (defendant below) complains of one instruction asked by himself and refused as asked, but modified and given, and of two instructions asked by the defendant in error, and given. The record does not purport to contain all the instructions given or refused, and hence it is difficult for ns to determine whether the court below erred or not.

*429The action was one of slander for words spoked…

2Cases cited9 opinions

  1. Beardsley v. MaynardNew York Supreme Court · 1830
  2. McClintock v. CrickSupreme Court of Iowa · 1857
  3. Powers v. PresgrovesMississippi Supreme Court · 1859
  4. Ranger v. GoodrichWisconsin Supreme Court · 1863
  5. Brown v. BrooksIndiana Supreme Court · 1852

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

3Cited by11 opinions

  1. Pokrok Zapadu Publishing Co. v. ZizkovskyNebraska Supreme Court · 1894
  2. Kraisinger v. LiggettCourt of Appeals of Kansas · 1979
  3. Israel v. IsraelMissouri Court of Appeals · 1904
  4. Winans v. ChapmanSupreme Court of Kansas · 1919
  5. Bothe ex rel. Bothe v. TrueSupreme Court of Kansas · 1918

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API