Dowd v. Winters
Supreme Court of Missouri
Appeal from Weston Court of Common Pleas. This was an action of slander against Jacob Winters and Elizabeth, his wife. The petition states that Mrs. Winters had charged the plaintiff with false swearing, and that this charge was made in reference to material testimony given by the plaintiff upon the trial of a certain cause between the city of Weston, plaintiff, and Elizabeth Winters, defendant, lately had before Thompson Ward, mayor of the city of Weston, who had…
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Appeal from Weston Court of Common Pleas. This was an action of slander against Jacob Winters and Elizabeth, his wife. The petition states that Mrs. Winters had charged the plaintiff with false swearing, and that this charge was made in reference to material testimony given by the plaintiff upon the trial of a certain cause between the city of Weston, plaintiff, and Elizabeth Winters, defendant, lately had before Thompson Ward, mayor of the city of Weston, who had jurisdiction of the cause and was authorized to administer oaths. The answer put in issue the jurisdiction of the mayor and the…
1Opinion of the CourtLeonard, Judge
The facts put in issue by the pleadings are the jurisdiction of the mayor’s court, and the materiality of the testimony given upon the trial there.
In the briefs submitted to us, it has been insisted, on the part of the appellant, that there is no variance between the allegation and the judicial proceeding offered,in evidence, and therefore, the nonsuit ought to be set aside; and on the part of the. respondents, that the plaintiff gave no evidence of the jurisdiction of the mayor’s court, (the act conferring jurisdiction upon him not having been put in evidence,) without which the plaintiff…
2Cases cited2 opinions
- Hart v. RectorSupreme Court of Missouri · 1842
- Hibler v. ServossSupreme Court of Missouri · 1839
3Cited by2 opinions
- International Harvester Co. v. McLaughlinMissouri Court of Appeals · 1932
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910