Stout v. Wood
Indiana Supreme Court
ERROR to the Franklin Circuit Court. — This was an action ef slander by Margaret Wood against the defendant below, for charging her at Franklin county, in this stale, with fornication. Plea, not guilty. — At the trial, after one of the plaintiff’s witnesses, named Martin, -had been sworn in chief, and examined on her part, he was asked on the cross-examination by the defendant, if he were not interested: he answered in the negative.
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ERROR to the Franklin Circuit Court. — This was an action ef slander by Margaret Wood against the defendant below, for charging her at Franklin county, in this stale, with fornication. Plea, not guilty. — At the trial, after one of the plaintiff’s witnesses, named Martin, -had been sworn in chief, and examined on her part, he was asked on the cross-examination by the defendant, if he were not interested: he answered in the negative. In the course of the evidence adduced by the defendant, he offered a witness to prove that the plaintiff’s witness, Martin, who had himself been interrogated on…
1Opinion of the CourtScott, J.
The principle of transitory actions we conceive to be this: That as soon as one person becomes liable in such action to another, either by reason of a tort or a contract, that li*72ability attaches to the person, and follows him wherever he g'oesi The action of slander is transitory; and the right of action having once accrued, and the slanderer having become liable, he cannot, by removing from one place to another, discharge himself of that liability; and we think the rule will apply e conversó. The words charged to have been spoken in this case, are not actionable at common law, but derive all…
2Cases cited2 opinions
- Gorham v. CarrolCourt of Appeals of Kentucky · 1823
- Mifflin v. BinghamSupreme Court of the United States · 1788
3Cited by10 opinions
- Le Forest v. TolmanMassachusetts Supreme Judicial Court · 1875
- Dennis v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1904
- Smith v. Muncie National BankIndiana Supreme Court · 1867
- Crouch v. HallIllinois Supreme Court · 1853
- Davis v. SladdenOregon Supreme Court · 1889
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