Anderson v. Shockley
Supreme Court of Missouri
Appeal from Maries Circuit Court. — Hon. John M. Williams, Judge. (1) The question whether or not the defendant was actuated - by malice in uttering the defamatory words alleged in the petition was for the jury, and the court erred in refusing instruction number 8, asked by the plaintiff, authorizing the jury to take into consideration the evidence showing that defendant had on divers occasions prior to July, 1908, uttered defamatory words similar to those charged in the…
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Appeal from Maries Circuit Court. — Hon. John M. Williams, Judge. (1) The question whether or not the defendant was actuated - by malice in uttering the defamatory words alleged in the petition was for the jury, and the court erred in refusing instruction number 8, asked by the plaintiff, authorizing the jury to take into consideration the evidence showing that defendant had on divers occasions prior to July, 1908, uttered defamatory words similar to those charged in the petition. 18 Am. & Eng. Ency. Law, p. 1012; Anderson v. Shockley, 159 Mo. App. 334; Buckley v. Knapp, 48 Mo. 152; Callahan…
1Opinion of the CourtFaris, P. J.
Plaintiff sued defendant in Pulaski County for slander. The venue was changed on the application of defendant to Maries County, where the case was tried, a verdict rendered for defendant and plaintiff appealed. The sum claimed as damages was ten thousand dollars; hence our jurisdiction. We may say in passing that this case has been tried before, wherein defendant mulcted in damages in the sum of $1250, appealed and obtained a reversal and a new trial. [Anderson v. Shockley, 159 Mo. App. 334.] To the latter case reference is made for such of the facts as we may not deem it necessary to set out…
2Cases cited6 opinions
- Christal v. CraigSupreme Court of Missouri · 1883
- Pike v. Van WormerNew York Supreme Court · 1850
- Atwinger v. FellnerSupreme Court of Missouri · 1870
- Johnson v. BushMissouri Court of Appeals · 1914
- Culver v. Van AndenNew York Supreme Court · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sutherland v. Kroger CompanyWest Virginia Supreme Court · 1959
- MacDonough v. A. S. Beck Shoe Corp.Superior Court of Delaware · 1939
- Howard v. WilsonMissouri Court of Appeals · 1917
- Radford v. HortonMissouri Court of Appeals · 1921