McMurry v. Martin
Missouri Court of Appeals
Appeal from Holt Circuit Court, Hon. H. S. Kelley, Judge. I. The court erred in admitting any evidence under the petition, and in overruling the defendant’s demurrer to the evidence. The matter charged to have been published by the defendant is not libelous per se, and the case should not have been submitted to the jury.
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Appeal from Holt Circuit Court, Hon. H. S. Kelley, Judge. I. The court erred in admitting any evidence under the petition, and in overruling the defendant’s demurrer to the evidence. The matter charged to have been published by the defendant is not libelous per se, and the case should not have been submitted to the jury. Nelson v. Musgrave, 10 Mo. 648; Babb v. Bilis, 76 Mo. 457; Price v. Whitely, 50 Mo. 439, 441; Legg v. Dun-lavey, 80 Mo. 558, 562; Price v. Sims, 2 Harr. 417; Towns. Lib. & Sian., sect. 197; Olmstead v. Brown, 12' Barb. 662. II. The words contained in the petition not being…
1Opinion of the CourtEllisoN, J.
This is an action for libel in which it is alleged that£ £ defendant composed, dictated, wrote, and published, and caused, procured, and requested to be written and published of, and concerning, the female plaintiff, the following false, slanderous, and libelous words, that is to say: £ I received a letter from old Mrs. McMurry.’ £ She is like an old sheep and has twins at every litter.’ £ She stinks like old cheese.’ £ She stopped at my house once to warm her titties.’ £ Her teeth are like an old goat’s.’ ‘Her témples are like fine-cut tobacco.’ £ She has invited me up to her house to play…
2Cases cited1 opinion
- Hermann v. Bradstreet Co.Missouri Court of Appeals · 1885
3Cited by4 opinions
- White v. QuinlanMissouri Court of Appeals · 1888
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- Morrison v. SmithAppellate Division of the Supreme Court of the State of New York · 1903
- Triggs v. Sun Printing & Publishing Ass'nAppellate Division of the Supreme Court of the State of New York · 1904