Legal Opinion

Cook v. Globe Printing Co.

Supreme Court of Missouri

Decided April 26, 1910Published

Appeal from Chariton Circuit Court. — Eon. Jno, P. Butler, Judge. (1) The gist of the complaint of the plaintiff is that defendant published that plaintiff had made' a false affidavit under the Corrupt Practices Act, and thereby charged the plaintiff with the crimes of perjury and of making a false affidavit.

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Appeal from Chariton Circuit Court. — Eon. Jno, P. Butler, Judge. (1) The gist of the complaint of the plaintiff is that defendant published that plaintiff had made' a false affidavit under the Corrupt Practices Act, and thereby charged the plaintiff with the crimes of perjury and of making a false affidavit. The petition alleged in one count that defendant in the publication pleaded had charged plaintiff with the two independent and separate crimes of perjury and of making a false affidavit. It is apparent from the instructions that the issue of whether or not the portions of the publication…

1Dissent

DISSENTING OPINION.

LAMM, J.

Coming to Banc from Division One on the dissent of two judges, this case on reargument was reassigned to my learned brother Gantt whose opinion has become that of a majority. In the divisional opinion it was held there were no reversible errors in rulings on testimony, instructions, the motion to elect or on jurisdiction. It was held, too, that the article complained of was libelous per se and need borrow no aid from the many innuendoes pleaded. On these phases of the case the majority opinion agrees with that in division, except in one particular presently pointed…

Also in this document: Concurrence.

2Cases cited152 opinions

  1. Buckley v. KnappSupreme Court of Missouri · 1871
  2. Julian v. Kansas City Star Co.Supreme Court of Missouri · 1908
  3. Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
  4. Callahan v. IngramSupreme Court of Missouri · 1894
  5. Christal v. CraigSupreme Court of Missouri · 1883

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