Barton v. Holmes
Supreme Court of Iowa
Appeal from Washington District Court. Action for slander. Trial by jury; verdict and judgment for plaintiff, for "five hundred dollars; from which defendant appeals. The facts of the case are sufficiently stated in the opinion. 1. The Court erred in permitting the witness to state his impresssion or construction of the words used. U Am. L. C., 165; 18 Conn., 464; 8 Car. & P., 708; 2 Greenl.
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Appeal from Washington District Court. Action for slander. Trial by jury; verdict and judgment for plaintiff, for "five hundred dollars; from which defendant appeals. The facts of the case are sufficiently stated in the opinion. 1. The Court erred in permitting the witness to state his impresssion or construction of the words used. U Am. L. C., 165; 18 Conn., 464; 8 Car. & P., 708; 2 Greenl. Ev., § 414. 2. The misconduct of the jury in ascertaining their verdict, was sufficient cause for setting the same.aside and granting a new trial. 8. The damages were excessive. 1. The defendant is…
1Opinion of the Court
Cole, J. —
I. The ■ petition contains four counts, setting out, in substance, the same slander. It contains the averments that defendant spoke of and concerning the plaintiff the false and slanderous words: “ Hi. Barton stole my share of the corn out of the field, and I can prove it.” The defendant, in his answer, 1st. Denies generally; '2d. Admits the speaking of the words, and says they are true; 8d. Avers that in 1862, he rented to the plaintiff some land, and agreed to take one third of the crop raised for his rent; that plaintiff cultivated the land in corn, and cut up his share and left…
2Cases cited17 opinions
- Dana v. TuckerNew York Supreme Court · 1809
- Grinnell v. PhillipsMassachusetts Supreme Judicial Court · 1805
- Manix v. MalonySupreme Court of Iowa · 1858
- Kennedy v. GiffordNew York Supreme Court · 1838
- Smith v. CheethamNew York Supreme Court · 1805
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3Cited by24 opinions
- Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
- Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
- Mount v. WelshOregon Supreme Court · 1926
- City of Columbus v. OgletreeSupreme Court of Georgia · 1897
- Nelson v. BorcheniusIllinois Supreme Court · 1869
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