Legal Opinion

Tarleton v. Lagarde

Supreme Court of Louisiana

Decided July 15, 1894No. 1461PublishedCited by 3 opinions

APPEAL from the Nineteenth Judicial District Court, Parish of Iberia. Voorhies, J. A slander is an oral publication which exposes any person to hatred^ contempt, ridicule, or obloquy, or which causes him to be shunned, or which has a tendency to injure him in his occupa- . tion. 42 An. 955; 40 An. 423; 36 An. 467; 25 An. 170; Newell on Defamation, Slander and Libel, p. 84; Cooley on Torts, 193. “If the charges are false, injurious and made maliciously or malo animo, they…

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APPEAL from the Nineteenth Judicial District Court, Parish of Iberia. Voorhies, J. A slander is an oral publication which exposes any person to hatred^ contempt, ridicule, or obloquy, or which causes him to be shunned, or which has a tendency to injure him in his occupa- . tion. 42 An. 955; 40 An. 423; 36 An. 467; 25 An. 170; Newell on Defamation, Slander and Libel, p. 84; Cooley on Torts, 193. “If the charges are false, injurious and made maliciously or malo animo, they combine all the elements necessary to support the action.” 40 An. 424; 45 Au. 863. “Our courts are not bound by the…

1Opinion of the Court

The opinion of the court was delivered by

Miller, J.

The plaintiff, a physician, claims of the defendant, a druggist, damages for his refusal to fill plaintiff’s prescriptions and for slander. The defence is that defendant was unable to fill the prescriptions, and a denial of the slander imputed to defendant. From the judgment of fifty dollars against hiim, defendant appeals, and, answering the appeal, plaintiff asks that the damages awarded be increased. ...

It appears from the record the defendant did decline tó prepare two prescriptions of the plaintiff. In one'a patent medicine formed a…

2Cases cited2 opinions

  1. Miller v. HolsteinSupreme Court of Louisiana · 1840
  2. Allain v. TruxilloSupreme Court of Louisiana · 1840

3Cited by3 opinions

  1. Edwards v. DerrickSupreme Court of Louisiana · 1939
  2. Bornmann v. . Star Co.New York Court of Appeals · 1903
  3. Miller, Smith and Champagne v. Capital City PressLouisiana Court of Appeal · 1962

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