Jones v. Murray
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. G. B. McAfee, Judge. (1) The general denial admits the falsity of the publication. Sheahan v. Collins, 20 111. 330; Townshend on Slander and Libel, sec. 403. (2) In a plea of mitigation nothing should be alleged that tends to justify or show that the publication is true.
Read the full summary
Appeal from Greene Circuit Court. — Hon. G. B. McAfee, Judge. (1) The general denial admits the falsity of the publication. Sheahan v. Collins, 20 111. 330; Townshend on Slander and Libel, sec. 403. (2) In a plea of mitigation nothing should be alleged that tends to justify or show that the publication is true. Regmer v. Cabot, 2 Gilm. 140; Sheahan v. Collins, 20 111. 326; Newell on Def., SI. and Lib., 898; Storey v. Early, 86 111. 461. (3) The matters pleaded do not tend to show that no crime was committed, but the contrary, and send no antidote with the poison. The facts pleaded give…
1Opinion of the CourtMarshall, J.
This is an action for five thousand dollars damages, for a libel of the plaintiff published in the Springfield Republican, on September 22, 1898. The defendant is and was the owner of the paper. The libel is as follows:
A MURDERER CAPTURED.
Officer Foster Burns Arrested Charles Carroll for Duffner Tragedy — He is a Cousin of the Notorious Jones Boys — Ceorge Jones Implicated — He is Bother No. Three who Killed the Fa/rmer — He Has Shipped the Country.
One of the murderers of Charles Duffner, the Dallas county farmer, is confined in the Greene county jail. The arrest was made at 11 o’clock…
2Cases cited9 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Mitchell v. Bradstreet Co.Supreme Court of Missouri · 1893
- Heller v. Pulitzer Publishing Co.Supreme Court of Missouri · 1899
- McGinnis v. George Knapp & Co.Supreme Court of Missouri · 1891
- Price v. WhitelySupreme Court of Missouri · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Spriggs v. Cheyenne Newspapers, Inc.Wyoming Supreme Court · 1947
- Farley v. Evening Chronicle Publishing Co.Missouri Court of Appeals · 1905
- Israel v. IsraelMissouri Court of Appeals · 1904
- Comer v. Advertiser Co.Supreme Court of Alabama · 1911
- Hatfield v. Gazette Printing Co.Supreme Court of Kansas · 1918
8 more not listed; retrieve them via the Exa API.