Ledlie v. Wallen
Montana Supreme Court
Appeal from Fourth Judicial District, Missoula County. Action for slander. Defendant’s demurrer to the complaint was sustained by Woody, J. We find no statute in Montana punishing adultery or fornication or common prostitution, and we admit that at common law, words to be actionáble, must impute to plaintiff an indictable offense; or must impute to him a contagious or infectious disease tending to exclude him from society; or are spoken of him in the way of his office,…
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Appeal from Fourth Judicial District, Missoula County. Action for slander. Defendant’s demurrer to the complaint was sustained by Woody, J. We find no statute in Montana punishing adultery or fornication or common prostitution, and we admit that at common law, words to be actionáble, must impute to plaintiff an indictable offense; or must impute to him a contagious or infectious disease tending to exclude him from society; or are spoken of him in the way of his office, profession or trade. (Odgers on Libel and Slander, 1 Am. Edition, page 53.) And the author adds: “In no other case are spoken…
1Opinion of the CourtHunt, J.
Plaintiff sues defendant in action for slander to recover damages. She charges that defendant wickedly, maliciously, and falsely, and with intent to injure and destroy her business of school teaching, spoke of her to various persons as a ‘ ‘damned dirty whore, ’’ and that by reason of the speaking *153of the said false and slanderous words plaintiff is and has been damaged in the sum of §5,000. From the complaint we cannot tell whether the plaintiff was a single or married woman, nor is there any allegation of special damage, except such as may be inferentially drawn from the charge that she has…
2Cases cited6 opinions
- Pollard v. LyonSupreme Court of the United States · 1876
- Terwilliger v. . WandsNew York Court of Appeals · 1858
- Cook v. CookMassachusetts Supreme Judicial Court · 1868
- Douglas v. DouglasIdaho Supreme Court · 1895
- Frisbie v. FowlerSupreme Court of Connecticut · 1818
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Erick Bowman Remedy Co. v. Jensen Salsbery Laboratories, Inc.Court of Appeals for the Eighth Circuit · 1926
- Manley v. HarerMontana Supreme Court · 1925
- Brown v. Independent Publishing Co.Montana Supreme Court · 1914
- Del Rico Co. v. New Mexican, Inc.New Mexico Supreme Court · 1952
- Kosonen v. WaaraMontana Supreme Court · 1930
6 more not listed; retrieve them via the Exa API.