Stern v. Loewenthal
California Supreme Court
Appeal from a judgment of the Superior Court of Humboldt County, and from an order refusing a new trial. The action was brought to recover damages for a slander. The complaint alleged that the slanderous words spoken by the defendant of the plaintiff were, “He is a thief,” and “He is doing business on my money.” The original answer of the defendant contained a plea of justification, which was omitted from the amended answer.
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Appeal from a judgment of the Superior Court of Humboldt County, and from an order refusing a new trial. The action was brought to recover damages for a slander. The complaint alleged that the slanderous words spoken by the defendant of the plaintiff were, “He is a thief,” and “He is doing business on my money.” The original answer of the defendant contained a plea of justification, which was omitted from the amended answer. Judgment was rendered in favor of the plaintiff, from which, and from an order refusing a new trial, the defendant appeals. The further facts appear in the opinion of Mr.…
1Opinion of the CourtSharpstein, J.
On the trial of this action (for slander), some of the witnesses for the plaintiff testified to utterances by the defendant, other than those alleged in the complaint. The defendant moved that the evidence as to such utterances be stricken out. The motions were denied, and the defendant excepted. This raises the question of the admissibility of evidence to prove words not set out in the complaint. Upon that question the opinions of courts have been discordant. Against the admissibility of such evidence, the opinion of Bronson, J., in Root v. Lowndes, 6 Hill, 518, 51 Am. Dec. 762, is…
2Cases cited3 opinions
- Howard v. . SextonNew York Court of Appeals · 1850
- Chamberlin v. VanceCalifornia Supreme Court · 1875
- Morris v. LachmanCalifornia Supreme Court · 1885
3Cited by14 opinions
- Meyer v. State Board of EqualizationCalifornia Supreme Court · 1954
- Scott v. Times-Mirror Co.California Supreme Court · 1919
- State Farm Mut. Auto. Ins. Co. v. PorterCourt of Appeals for the Ninth Circuit · 1951
- Gajanich v. GregoryCalifornia Court of Appeal · 1931
- Curry v. KingCalifornia Court of Appeal · 1907
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