Swearingen v. Stanley
Supreme Court of Iowa
Appeal from, Marshall District Court. Action for slander. Tbe petition contains three counts. The defendant demurred to each count, and also filed a motion for a more specific statement in, and to require the plaintiff to separate and divide the third count. The court sustained the demurrer as to the first and second counts, overruled it as to the third, and sustained the motion foi" a more specific statement.
Read the full summary
Appeal from, Marshall District Court. Action for slander. Tbe petition contains three counts. The defendant demurred to each count, and also filed a motion for a more specific statement in, and to require the plaintiff to separate and divide the third count. The court sustained the demurrer as to the first and second counts, overruled it as to the third, and sustained the motion foi" a more specific statement. The plaintiff excepted, stood by his pleading and now appeals. filed a written argument from which the following points are extracted. Appellee’s argument not found on file. 1. Slander…
1Opinion of the CourtCole, J.
i. slander: exteinsfc' tory matter, The petition contains three counts in slander. The alleged slanderous words in the three different counts relate to the same'subject-matter, but they are varied in each count,. *119and the averments of the offense intended and understood by the hearers to be charged, are also varied so as to suit the language averred.
The second eount is as follows: “And for other and second cause of such claim, plaintiff avers that afterward, on or about the 11th day of October, 1866, while plaintiff was, and for a long time had been, a farmer -and citizen of said county, and a…
2Cases cited1 opinion
- Kinyon v. PalmerSupreme Court of Iowa · 1865
3Cited by2 opinions
- Nelson Ex Rel. Nelson v. MelvinSupreme Court of Iowa · 1945
- Clarke v. JonesSupreme Court of Iowa · 1878