Smith v. Smith

Opinion op the Court by

Chief Justice Fulton

Affirming.

In the year 1939 the appellee, Harry Smith, filed in the Lanrel Circuit Court a slander action against the appellant, John H. Smith, alleging that the latter had spoken of and concerning him, “Harry Smith got Loran Benge and Jackie Rooney to go and get him a load of moonshine whiskey.” It was alleged that the defendant in that action thereby meant that the plaintiff had violated the state and federal laws pertaining to intoxicating liquor. After a jury was empaneled and some evidence heard in that action, it was dismissed without prejudice.

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