Hitchcock v. Caruthers
California Supreme Court
Appeal from a judgment of the Superior Court of Fresno County, and from an order denying a new trial. The third count of the complaint alleged “that on the twenty-fourth day of December, 1887, at the city and county of Fresno, in a certain other discourse which the defendant then had in the presence of divers good and worthy persons, 'he defendant falsely and maliciously spoke of and concerning this plaintiff the false and malicious words following: ‘Bob [meaning R. E.…
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Appeal from a judgment of the Superior Court of Fresno County, and from an order denying a new trial. The third count of the complaint alleged “that on the twenty-fourth day of December, 1887, at the city and county of Fresno, in a certain other discourse which the defendant then had in the presence of divers good and worthy persons, 'he defendant falsely and maliciously spoke of and concerning this plaintiff the false and malicious words following: ‘Bob [meaning R. E. Scronce] was using Ida [meaning this plaintiff] as a mistress.' ” Further facts are stated in the opinion of the court.
1Opinion of the CourtMcFarland, J.
Action for slander. Judgment for plaintiff, from which, and from an order denying a new trial, defendant appeals.
1. Appellant contends that the complaint does not state facts sufficient to constitute a cause of action. Respondent contends that this point cannot be heard here, because after appellant had demurred to the complaint on that ground in the court below he stipulated that the demurrer might be overruled, and defendant allowed to answer within a certain time. It is not necessary to determine what consequence would have followed if appellant had expressly stipulated that the complaint…
2Cited by8 opinions
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- Dickason v. DickasonMontana Supreme Court · 1929
- Morris v. CourtneyCalifornia Supreme Court · 1898
- Woods v. Pacific Greyhound LinesCalifornia Court of Appeal · 1949
- Perego v. DodgeUtah Supreme Court · 1893
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