Conran v. Fenn
Missouri Court of Appeals
Appeal from St. Genevieve Circuit Court. — Hon. Charles A. Killian, Judge. (1) The gist of an action for slander, is the speaking of the alleged slanderous words. If the evidence fails to establish that defendant spoke the exact words alleged to have been spoken, or fails to prove enough of the same identical words to make out the slander charged, the court should direct a verdict for defendant.
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Appeal from St. Genevieve Circuit Court. — Hon. Charles A. Killian, Judge. (1) The gist of an action for slander, is the speaking of the alleged slanderous words. If the evidence fails to establish that defendant spoke the exact words alleged to have been spoken, or fails to prove enough of the same identical words to make out the slander charged, the court should direct a verdict for defendant. In plaintiff’s affidavit for attachment, defendant is charged with the commission of a misdemeanor in speaking of plaintiff, in New Madrid county, the words, “He forged that deed.” There was a…
1Opinion of the CourtNortoni, J.
This is a suit for damages said to have accrued to plaintiff on account of an alleged slander spoken of and concerning him by defendant. The process of attachment is invoked in aid of the principal case and as the finding and judgment on both the attachment and suit on the merits were for plaintiff, the appeal by defendant under our statute (Sec. 2335, R. S. 1909), presents both matters for consideration.
We will first dispose of the questions arising on the trial of the attachment, and afterwards consider the appeal with respect to the merits, or the main case.
By his affidavit for attachment,…
2Cases cited9 opinions
- Noeninger v. VogtSupreme Court of Missouri · 1886
- Remmers v. RemmersSupreme Court of Missouri · 1909
- Ross v. Cleveland & Aurora Mineral Land Co.Supreme Court of Missouri · 1901
- Bullene v. SmithSupreme Court of Missouri · 1880
- Flowers v. SmithSupreme Court of Missouri · 1908
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3Cited by6 opinions
- Hewitt v. Chicago, Burlington & Quincy Railroad Co.Supreme Court of Missouri · 1968
- Houston Press Co. v. SmithCourt of Appeals of Texas · 1928
- Dando and Galetti v. SharpMissouri Court of Appeals · 1941
- Enright v. BringgoldWashington Supreme Court · 1919
- Josey v. ReynoldsSupreme Court of South Carolina · 1929
1 more not listed; retrieve them via the Exa API.