Hinkle v. Davenport
Supreme Court of Iowa
Appeal from Mahmka District Court. On tlie 3d day of September, 1872, tlie plaintiffs, wbo are unmarried women, commenced an action against tlie defendants, who are husband and wife, claiming of them five thousand dollars on account of certain slanderous words spoken by each of the defendants, at different times and places, imputing to the plaintiffs a want of chastity.
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Appeal from Mahmka District Court. On tlie 3d day of September, 1872, tlie plaintiffs, wbo are unmarried women, commenced an action against tlie defendants, who are husband and wife, claiming of them five thousand dollars on account of certain slanderous words spoken by each of the defendants, at different times and places, imputing to the plaintiffs a want of chastity. The defendants answered denying the allegations of the petition, and stating in mitigation of damages, that they merely repeated what had been told them, and that they did so without any malice. On the 18th day of February,…
1Opinion of the CourtDay, J.
— I. During the trial no suggestion was made by appellant by motion assailing the pleadings, objection to evidence, argument to the jury, or in any other way, that the action could not be maintained in the form in which it was originally.commenced. Indeed defendant’s counsel seem carefully to have avoided raising any question which might create a doubt in the minds of counsel for plaintiff of the propriety of uniting two parties plaintiff in an action for slander.
Upon the adjournment of the court for the day, and whilst defendant’s argument to the jury was in progress, the court stated in…
2Cases cited9 opinions
- McIntire v. YoungIndiana Supreme Court · 1843
- Kennedy v. GiffordNew York Supreme Court · 1838
- Robbins v. FletcherMassachusetts Supreme Judicial Court · 1869
- Rhoads v. BoothSupreme Court of Iowa · 1863
- Cavanaugh v. AustinSupreme Court of Vermont · 1870
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3Cited by27 opinions
- Bailey v. BaileySupreme Court of Iowa · 1895
- Upton v. HumeOregon Supreme Court · 1893
- Robinson v. Home Fire & Marine InsuranceSupreme Court of Iowa · 1953
- Donaghue v. GaffySupreme Court of Connecticut · 1885
- State v. McAninchSupreme Court of Iowa · 1915
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