Nelson v. Wallace
Missouri Court of Appeals
Appeal from the Lewis Circuit Court; — Hon. Ben. E. Turner, Judge. The court below,erred in not sustaining defendant’s motion for judgment for failure of plaintiffs .to reply to new matter jjleaded by way of defense in defendant’s ■answer,' to-wit, tlie truth of the matter charged.
Read the full summary
Appeal from the Lewis Circuit Court; — Hon. Ben. E. Turner, Judge. The court below,erred in not sustaining defendant’s motion for judgment for failure of plaintiffs .to reply to new matter jjleaded by way of defense in defendant’s ■answer,' to-wit, tlie truth of the matter charged. R. S. 1889, sec. 2081. This was a matter the defendant had to plead, otherwise he could not have offered any proof as to the truth of the words charged ; hence, not having been replied to, he was entitled to judgment. R. S. 1889, secs. 2052, 2053; Smith v. City of St. Joseph, 45 Mo. 449 ; State to use v. Williams,…
1Opinion of the CourtRombatjeb, P. J.
This is an action of slander by husband and wife for the slander of the wife. The slanderous words are charged to have been spoken when the plaintiffs were married, and imputed to the plaintiff Amanda the offense of fornication, while single. The words are actionable per se and imply malice.
*196The defendant answered, pleading the general issue. He also set up by way of special defenses the truth of the matter charged as defamatory, and mitigating circumstances. The plaintiffs moved to strike out the second plea, but their motion was overruled. They thereupon filed their replication denying the…
2Cases cited21 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Morgan v. DurfeeSupreme Court of Missouri · 1879
16 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Callahan v. IngramSupreme Court of Missouri · 1894
- Lee v. W. E. Fuetterer Battery & Supplies Co.Supreme Court of Missouri · 1929
- Roden v. HelmSupreme Court of Missouri · 1905
- Trice v. LancasterMissouri Court of Appeals · 1954
- Libby v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
18 more not listed; retrieve them via the Exa API.