McDonald v. Louthen
Supreme Court of Arkansas
.Appeal from Fulton Circuit Court; J. B. Baker, Judge; STATEMENT OF FACTS. This is an action of slander by Ben McDonald .against V. D. Louthen, claimed to have been uttered by the defendant in the presence of several persons.
Read the full summary
.Appeal from Fulton Circuit Court; J. B. Baker, Judge; STATEMENT OF FACTS. This is an action of slander by Ben McDonald .against V. D. Louthen, claimed to have been uttered by the defendant in the presence of several persons. The alleged slander 5$ that the defendant said concerning the plaintiff that he was the “biggest thief in the county,” or “the damnedest thief in the world. ’ ’ The defendant denied having uttered the defamatory language, and also averred that, if he did use the language, it was true. On the trial it was shown by the plaintiff that the defendant had told divers persons…
1Opinion of the Court
Hart, J.,
(after stating the facts). The plaintiff assigns as error the action of the court in giving the following instruction:
“You are instructed that one of the defenses in this case is the truth of the allegation, if made by defendant, and that one of the ways of making that proof is to show that the reputation of plaintiff in the neighborhood in which he lives is bad for honesty, or for truth, or for veracity, or morality; and if you believe this reputation has been successfully established, you would be authorized to weigh and consider it in passing upon .the question as to whether or…
2Cases cited10 opinions
- Wilson v. NoonanWisconsin Supreme Court · 1874
- Hearne v. De YoungCalifornia Supreme Court · 1901
- Clark v. BrownMassachusetts Supreme Judicial Court · 1875
- B— v. I—Wisconsin Supreme Court · 1867
- Stallings v. WhittakerSupreme Court of Arkansas · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Little Rock Newspapers, Inc. v. DodrillSupreme Court of Arkansas · 1983
- MacFadden's Publications, Inc. v. HardyCourt of Appeals of Texas · 1936
- Little Rock Newspapers, Inc. v. DodrillSupreme Court of Arkansas · 1983