Jarnigan v. Fleming
Mississippi Supreme Court
Iii error to the circuit court of Tippah county. Boone, J. The plaintiff in error assigned the folio wing errors: 1st. The circuit court erred in giving the 2d, 3d, 4th, 5th and 6th instructions asked for the defendant, and in each of them. 2d. The court erred in overruling the plaintiff’s motion for ¿i new trial. 3d. The court erred in permitting Mrs. Fleming, wife of the defendant, to testify as a witness for her husband, against the objection of the plaintiff.
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Iii error to the circuit court of Tippah county. Boone, J. The plaintiff in error assigned the folio wing errors: 1st. The circuit court erred in giving the 2d, 3d, 4th, 5th and 6th instructions asked for the defendant, and in each of them. 2d. The court erred in overruling the plaintiff’s motion for ¿i new trial. 3d. The court erred in permitting Mrs. Fleming, wife of the defendant, to testify as a witness for her husband, against the objection of the plaintiff. In an action of slander, under a plea of justification, the truth operates as a bar to the action, and not in mitigation of…
1Opinion of the Court
Tarbell, J.:
This is an action on the case for slanderous words spoken. The declaration contains four counts. The first count charges that the defendant falsely and maliciously stated that plaintiff was guilty of seducing and cohabiting with one Margaret Little, being in the family of defendant, and of causing her to become pregnant and with child. — -the defendant at the time knowing the plaintiff to be innocent. This count further charges that defendant maliciously procured and induced one Thos. D. Little, uncle of Margaret Little, to bring a suit at law, as her next friend, against…
2Cases cited24 opinions
- Torrey v. FieldSupreme Court of Vermont · 1838
- Elam v. BadgerIllinois Supreme Court · 1860
- Mapes v. WeeksNew York Supreme Court · 1830
- Sheldon v. . CarpenterNew York Court of Appeals · 1851
- Ring v. WheelerNew York Supreme Court · 1827
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3Cited by15 opinions
- Montgomery Ward & Co. v. SkinnerMississippi Supreme Court · 1946
- Reed v. LindleyCourt of Appeals of Texas · 1922
- Wilson v. NoonanWisconsin Supreme Court · 1874
- Rosenberg v. MasonSupreme Court of Virginia · 1931
- Lauder v. JonesNorth Dakota Supreme Court · 1904
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