Legal Opinion

Carlin v. Stewart

Supreme Court of Louisiana

Decided October 15, 1830PublishedCited by 7 opinions

APPEAL PROM THE COURT OF THB SIXTH JUDICIAL DISTRICT, THE JUDGE OS' THE SEVENTH PRESIDING. , Carlin instituted suit to recover damages of Stewart for calling him “ a perjured villian” and laid the damages at .$5000. Dr. Stewart had given medical attendance to a negro woman, a nurse, belonging to the estate of Curtis’, but who lived in Carlin’s family at the time.

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APPEAL PROM THE COURT OF THB SIXTH JUDICIAL DISTRICT, THE JUDGE OS' THE SEVENTH PRESIDING. , Carlin instituted suit to recover damages of Stewart for calling him “ a perjured villian” and laid the damages at .$5000. Dr. Stewart had given medical attendance to a negro woman, a nurse, belonging to the estate of Curtis’, but who lived in Carlin’s family at the time. His bill amounted to $56. He called on Carlin, whom he believed was cognizable to all the facts, and would prove his account to the administrator of Curtis’s estate. The witness said the bill was exorbitant. That Dr. Stewart had only…

1Opinion of the Court

Martin /„

delivered the opinion of the Court.

This is an action of slander for calling the plaintiff “ a pur-jured villian.” The plaintiff had a verdict and judgment for 1000 dollars. The defendant made an unsuccessful effort to obtain a new trial — and appealed from the decision of the District Court refusing it.

The appellees counsel has contended the motion came too late, and if it had been in time, ought to have been rejected.

We have examined the case in the point of view most favorable to the appellant, — as if the motion for a new trial had been in time.

Actions for slander and defamation…

2Cited by7 opinions

  1. Moulin v. MonteleoneSupreme Court of Louisiana · 1927
  2. Kennedy v. Item Co.Supreme Court of Louisiana · 1948
  3. Angelloz v. Humble Oil & Refining Co.Supreme Court of Louisiana · 1940
  4. Derbes v. DécuirSupreme Court of Louisiana · 1843
  5. Kernan v. ChamberlinSupreme Court of Louisiana · 1843

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