Abrams v. Foshee
Supreme Court of Iowa
Appeal from the Davis District Court. Slander. Yerdict and judgment for plaintiff. Tbe petition. contains twelve counts, charging the slanderous words to have been spoken in various forms.
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Appeal from the Davis District Court. Slander. Yerdict and judgment for plaintiff. Tbe petition. contains twelve counts, charging the slanderous words to have been spoken in various forms. The substance of the charging part of most of the counts, is as follows: “ That the wife of defendant, on the first day of January, 1855, in speaking of the fact, that the wife of the plaintiff did not have children born alive, and of and concerning the subject of producing abortion and destroying Children before birth, of which said plaintiff’s wife had béen pregnant, falsely and maliciously spoke, and…
1Opinion of the CourtWright, C. J.
But one question is presented for our consideration by appellants, and that is, whether words charging a woman with causing or producing an abortion, are actionable in this state ?
The appellees claim, first, that as the instructions in chief, are not before us, we cannot say but that the instructions asked by appellants, were refused, because they had been previously giyen. The whole record rebuts any such presumption. The overruling of the demurrer, which raised substantially the same questions, clearly shows that on this point the court could not have instructed in chiei; as requested by…
2Cases cited1 opinion
- Commonwealth v. BangsMassachusetts Supreme Judicial Court · 1812
3Cited by28 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- Keeler v. Superior CourtCalifornia Supreme Court · 1970
- Commonwealth v. BoothSupreme Court of Pennsylvania · 2001
- State v. MooreSupreme Court of Iowa · 1868
- Cheaney v. StateIndiana Supreme Court · 1972
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