Crecelius v. Bierman
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. ' Leroy B. Valliant, Judge. Defendant’s objection to the introduction- of any testimony, at the beginning of the trial, because the petition stated no cause of action, should have been sustained. 8 Am. and Eng. Eney. of Law, pp. 459, 460, 461; People v. Tomlinson, 35 Cal. 503; Rood v. State, 5 Neb. 174; 2 Bish. Crim. Law [Ed. 1892], secs. 545, 546; Whar. Crim.
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Appeal from the St. Louis City Circuit Court. — Hon. ' Leroy B. Valliant, Judge. Defendant’s objection to the introduction- of any testimony, at the beginning of the trial, because the petition stated no cause of action, should have been sustained. 8 Am. and Eng. Eney. of Law, pp. 459, 460, 461; People v. Tomlinson, 35 Cal. 503; Rood v. State, 5 Neb. 174; 2 Bish. Crim. Law [Ed. 1892], secs. 545, 546; Whar. Crim. Law [10 Ed.], sec. 696; Smith et al. v. State, 14 Mo. 147; Barnes v. Cratvford, 20 S. E. Rep. (N. 0.) 386; State v. Evans, 39 Pac. Rep. (Mont.) 850; 2 Bish. Crim. Law, sec. 541. The…
1Opinion of the CourtRombatjer, P. J.
The action is slander. The plaintiff: recovered two judgments against the defendant on the identical petition. The recovery in each instance was for the same amount. We reversed the first judgment on the sole ground that the slanderous words alleged to have been spoken did not impute any offense to the plaintiff in direct terms, and that it was not shown upon the trial by extraneous evidence that the words thus spoken by the defendant applied to tha plaintiff. We also decided that the words spoken were only relatively and not absolutely privileged, and that but for the above hiatus in…
2Cases cited3 opinions
- Metropolitan Bank v. TaylorSupreme Court of Missouri · 1876
- State v. KroegerSupreme Court of Missouri · 1871
- State v. KattlemannSupreme Court of Missouri · 1864
3Cited by4 opinions
- Hume v. EagonMissouri Court of Appeals · 1900
- Thompson, Payne & Co. v. Irwin, Allen & Co.Missouri Court of Appeals · 1898
- Mock v. LeggettMissouri Court of Appeals · 1961
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910