Daniel v. Moncure
Montana Supreme Court
Appeal from District Court, Big Horn County; Charles L. Crum, Judge. Action for slander by Marie Allen Daniel against W. P. Moncure. Judgment for plaintiff. Defendant appeals from the judgment and an order denying her a new trial.
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Appeal from District Court, Big Horn County; Charles L. Crum, Judge. Action for slander by Marie Allen Daniel against W. P. Moncure. Judgment for plaintiff. Defendant appeals from the judgment and an order denying her a new trial. It is the contention of defendant that the alleged slanderous words set forth in the complaint and testified to by plaintiff upon the trial were not slanderous per se, and inasmuch as they were not slanderous per se, the complaint fails to state a cause of action, and for the same reason the evidence is insufficient to sustain a verdict and judgment in behalf of…
1Opinion of the CourtJustice Holloway
This action was brought to recover damages for alleged slander. Plaintiff charges in her complaint that on May 10, 1915, in the presence of herself and other persons, the defendant used to and concerning her the following language: “This is the toughest and commonest thing on the reservation. We won’t have this thing around. She’s the damnedest, commonest, toughest thing around here. I wouldn’t have your damn old homestead [referring to a homestead held by plaintiff and her husband] the nest one to me. I’ll look for a man and put him on the place of mine [referring to some lands adjoining the…
2Cases cited9 opinions
- Paxton v. WoodwardMontana Supreme Court · 1904
- Johnson v. Butte & Superior Copper Co.Montana Supreme Court · 1910
- Cooper v. SeavernsSupreme Court of Kansas · 1909
- Brown v. Independent Publishing Co.Montana Supreme Court · 1914
- O'Donnell v. City of ButteMontana Supreme Court · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Keller v. Safeway Stores, Inc.Montana Supreme Court · 1940
- Manley v. HarerMontana Supreme Court · 1925
- Professional & Business Men's Life Insurance v. Bankers Life Co.District Court, D. Montana · 1958
- Kosonen v. WaaraMontana Supreme Court · 1930
- Burr v. Winnett Times Publishing Co.Montana Supreme Court · 1927
6 more not listed; retrieve them via the Exa API.