Lemons v. Wells
Court of Appeals of Kentucky
Case 23—PETITION ORDINARY APPEAL FROM M’CRACKEN CIRCUIT COURT. 1. The words alleged are slanderous. Although they do not import a felony, they charge an offense that is indictable, and may be punished by fine and imprisonment. (Gen. Stat., sec. 7, art. 8, chap. 29; 5 Johnson, 190; Am.
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Case 23—PETITION ORDINARY APPEAL FROM M’CRACKEN CIRCUIT COURT. 1. The words alleged are slanderous. Although they do not import a felony, they charge an offense that is indictable, and may be punished by fine and imprisonment. (Gen. Stat., sec. 7, art. 8, chap. 29; 5 Johnson, 190; Am. Leading Cases, 98; 13 Johnson, 124; Ibid, 13; S Cowan, 503; 9 Wendell, 141; 3 Hill, 22; 24 Wendell, 354; 8 Pick., 385; 91 U. S. Rep., 233; 19 Ohio, 450; 27 Ibid, 326; 6 Ibid, 228; Starkie on Slander, 134.) j. The words charged are not actionable. They do not import a felony either at common law or by statute,…
1Opinion of the Court
JUDGE HARGIS
delivered 'the opinion of the court.
In this action for slander, the plaintiff, Lemons, alleged in Ihis petition that the defendant, Wells, did .... willfully *118and maliciously speak and publish of ... . him these false- and slanderous words: “He (L. W. Wells) knew that Lemons poisoned his horses. He (L. W. Wells) knew that Lemons poisoned his mare Alice, and that he would have-him arrested, on suspicion, for poisoning his mare Alice.”'
To the petition the defendant interposed a general demurrer, which the court below sustained, and plaintiff, failing to amend, dismissed his petition.…
2Cases cited1 opinion
- Bissell v. CornellNew York Supreme Court · 1840
3Cited by4 opinions
- Seller v. JenkinsIndiana Supreme Court · 1884
- Williams v. RiddleCourt of Appeals of Kentucky · 1911
- Wooten v. MartinCourt of Appeals of Kentucky · 1910
- Mudd v. RogersCourt of Appeals of Kentucky · 1897