Houston v. Lane
Supreme Court of Missouri
Error to Putnam Circuit Court. The court below erred in overruling plaintiff’s motion to strike out part of defendant’s answer. The justification attempted to be set up to the third count in the petition was bad, and ought to have been stricken out on plaintiff’s motion. The plea or answer should neither be broader nor narrower in its allegations than the petition attempted to be answered ; if it is so, it is bad, and should be stricken out.
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Error to Putnam Circuit Court. The court below erred in overruling plaintiff’s motion to strike out part of defendant’s answer. The justification attempted to be set up to the third count in the petition was bad, and ought to have been stricken out on plaintiff’s motion. The plea or answer should neither be broader nor narrower in its allegations than the petition attempted to be answered ; if it is so, it is bad, and should be stricken out. In this case, the charge as alleged in the petition is one larceny, and the justification is of another, and is otherwise evasive. —Swan v. Berry, 3…
1Opinion of the CourtEagg, Judge
Upon an inspection of the record in this case, it is apparent that the judgment of the court below must be reversed. It is an action for slanderous words spoken by the defendant, and is brought to this court from the Circuit Court of Putnam county by writ of error. The petition contains three counts, the first two of which charge the defendant with speaking certain false and slanderous words of and concerning the plaintiff, by which it was intended to impute to plain tiff the crime of perjury. The third is as follows :
“3. Plaintiff further states that on or about the 15th day of July, 1865,…
2Cases cited2 opinions
- Randolph v. AlseySupreme Court of Missouri · 1844
- Phillips v. EvansSupreme Court of Missouri · 1866
3Cited by5 opinions
- State v. ReedSupreme Court of Missouri · 1886
- State ex rel. Davis v. RogersSupreme Court of Missouri · 1883
- State ex rel. Oddle v. ShermanSupreme Court of Missouri · 1868
- Empire Building Co. v. HopkinsSupreme Court of Missouri · 1907
- Scott v. Vincennes Bridge Co.Missouri Court of Appeals · 1927