Long v. Peters
Supreme Court of Iowa
Appeal from Washington Circuit Cowrt. Action for slander. The words spoken are charged in the petition in the following language: “That on or about September —, 1876, at Seventy Six township, Washington county, Iowa, defendant did, in the presence of Sarah J. Long and others, utter, publish and declare of and concerning petitioner the following false, malicious und slanderous words: cShe stole our hair brush and took it to Illinois; I can’t help it, she did steal our hair…
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Appeal from Washington Circuit Cowrt. Action for slander. The words spoken are charged in the petition in the following language: “That on or about September —, 1876, at Seventy Six township, Washington county, Iowa, defendant did, in the presence of Sarah J. Long and others, utter, publish and declare of and concerning petitioner the following false, malicious und slanderous words: cShe stole our hair brush and took it to Illinois; I can’t help it, she did steal our hair brush and went to Illinois; I can prove it by Sal Long’s girls.’ That afterward, on or about September — , 1876,…
1Opinion of the CourtBeck, J.
The court gave to the jury the following, among other instructions:
i. slander: p^rentó.^ “ 6. The defendant has stated in his answer that the words spoken by him were spoken under the circumstances as therein set forth, and if you find from the evidence that the defendant did speak the words substantially as charged, but under the circumstances as claimed by the defendant, such facts are proper to be considered by you in mitigation or reduction of damages; but they would not if fully proven amount to a justification, or a complete defense to the action.”
“11. If you find that the defendant did…
2Cited by7 opinions
- Ecuyer v. New York Life InsuranceWashington Supreme Court · 1918
- Ryan v. WilsonSupreme Court of Iowa · 1941
- Hollenbeck v. RistineSupreme Court of Iowa · 1901
- Rosenbaum v. RocheCourt of Appeals of Texas · 1907
- Western Union Telegraph Co. v. BuchananCourt of Appeals of Texas · 1923
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