Birch v. Benton
Supreme Court of Missouri
Error to Henry Circuit Court. I. To say of a man that he whipped his wife is not actionable. The first and third counts contain words making this charge alone. Defendant’s fourth instruction should have been given. II. The words as charged must be proved, or a sufficient number of them to contain the charge must be proved. It is not sufficient to prove equivalent words. The court ought to have excluded Burns’ deposition.
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Error to Henry Circuit Court. I. To say of a man that he whipped his wife is not actionable. The first and third counts contain words making this charge alone. Defendant’s fourth instruction should have been given. II. The words as charged must be proved, or a sufficient number of them to contain the charge must be proved. It is not sufficient to prove equivalent words. The court ought to have excluded Burns’ deposition. His statement does not contain the words as charged in the fourth count. (Dryden v. Berry, T Mo. 824.) It was the duty of the court to decide upon the subject of the variance…
1Opinion of the CourtRichardson, Judge
The amended petition on which the case was tried is as follows: “ Plaintiff states that on the 16th day of July, 1849, at Clay county, in the state of Missouri, the defendant (who is not a resident of said state) spoke the following false and slanderous words concerning the plaintiff: ‘ I wonder when *156the damned scoundrel whipped his wife last ?’ meaning thereby to charge, and being understood by those who heard him to charge, that plaintiff had been and was guilty of the dishonoring crime of an assault and battery on his wife. Plaintiff further states that on the fourth day of August, 1849,…
2Cases cited7 opinions
- Brooker v. CoffinNew York Supreme Court · 1809
- Olmsted v. MillerNew York Supreme Court · 1828
- Berry v. DrydenSupreme Court of Missouri · 1842
- Iseley v. LovejoyIndiana Supreme Court · 1847
- Creelman v. MarksIndiana Supreme Court · 1844
2 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Christal v. CraigSupreme Court of Missouri · 1883
- State v. MasonOregon Supreme Court · 1896
- Walker v. Kansas City Star CompanySupreme Court of Missouri · 1966
- Nicholson v. RogersSupreme Court of Missouri · 1895
- Clements v. MaloneySupreme Court of Missouri · 1874
29 more not listed; retrieve them via the Exa API.