Legal Opinion

McCarty v. Barrett

Supreme Court of Minnesota

Decided July 15, 1867PublishedCited by 4 opinions

This is an action for slander brought in the District Court for Stearns County. The slanderous words alleged in the complaint are, “You (meaning this plaintiff) are a thief, you (meaning this plaintiff) are a robber, and a public robber, and you (meaning this plaintiff) robbed the town of St. Cloud, and you (meaning this plaintiff) stole from the town of St. Cloud. ” The cause was tried, and the jury found for the defendant.

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This is an action for slander brought in the District Court for Stearns County. The slanderous words alleged in the complaint are, “You (meaning this plaintiff) are a thief, you (meaning this plaintiff) are a robber, and a public robber, and you (meaning this plaintiff) robbed the town of St. Cloud, and you (meaning this plaintiff) stole from the town of St. Cloud. ” The cause was tried, and the jury found for the defendant. Plaintiff moved for a new trial, which was denied, and he appeals to this Court from the order denying such motion. The case sufficiently appears in the opinion of the…

1Opinion of the Court

By the Court

McMillan, J.

This is an action for slander, brought by the appellant against the respondent, and upon the trial in the court below resulted in a general verdict for the defendant; whereupon the plaintiff’s counsel moved for a new trial, upon the ground that the verdict was not justified by the evidence, and was contrary to law, which was argued, and the motion was denied by the Court. From the order denying • a new trial the plaintiff appeals to this Court.

The case presents no exceptions to the admission of testimony, or the rulings or charge of the Court. The only question…

2Cases cited1 opinion

  1. St. Martin v. DesnoyerSupreme Court of Minnesota · 1854

3Cited by4 opinions

  1. State v. RyanSupreme Court of Minnesota · 1868
  2. Simmons v. HolsterSupreme Court of Minnesota · 1868
  3. Harriman v. SaymanMissouri Court of Appeals · 1917
  4. Fogerty v. RosenwaldCourt of Appeals of Minnesota · 1986

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