Clements v. Maloney
Supreme Court of Missouri
Appeal from Sullivan Circuit Court. I. In actions of slander, the slanderous words must be proved as charged; proof of equivalent words is not sufficient; so many of the identical words charged as are necessary to constitute in themselves the slanderous accusation, must he proved as laid. (Birch vs. Benton, 26 Mo., 153 ; Oreelman vs. Marks, 7 Blackf., 281; Fox vs. Vanderbeek, 5 Cow., 515; 8 Phil., Ev., 551 & notes; 1 Hill. Torts, 397.) II.
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Appeal from Sullivan Circuit Court. I. In actions of slander, the slanderous words must be proved as charged; proof of equivalent words is not sufficient; so many of the identical words charged as are necessary to constitute in themselves the slanderous accusation, must he proved as laid. (Birch vs. Benton, 26 Mo., 153 ; Oreelman vs. Marks, 7 Blackf., 281; Fox vs. Vanderbeek, 5 Cow., 515; 8 Phil., Ev., 551 & notes; 1 Hill. Torts, 397.) II. The instruction as to the “circumstances” of the plaintiff was clearly erroneous. There was no evidence on the point. (Wear vs. Hickman, 4 Mo., 106 ; Yaulx…
1Opinion of the Court
"V"oríes, Judge,
delivered the opinion of the court.
This was an action for slanderous words spoken.
The petition charged, that on the 1st day of November, 1870, plaintiff had in his possession a contract which had been previously entered into in writing between the defendant of the one part, and the directors of School District No. 7, in Township 61, of Range 21, Sullivan County, Missouri, on the other part, in regard to the building by defendant of a school house for said school district; and that said defendant on said 1st day of November, 1870, at Sullivan county aforesaid, in speaking of…
2Cases cited8 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Birch v. BentonSupreme Court of Missouri · 1858
- Larned v. BuffintonMassachusetts Supreme Judicial Court · 1807
- Turner v. Chillicothe & Des Moines City RailroadSupreme Court of Missouri · 1873
- Budd v. HoffheimerSupreme Court of Missouri · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Callahan v. IngramSupreme Court of Missouri · 1894
- Coleman v. AllenSupreme Court of Georgia · 1888
- Ridenhour v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1890
- Paxton v. WoodwardMontana Supreme Court · 1904
- Childers v. San Jose Mercury Printing & Publishing Co.California Supreme Court · 1894
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