Downs v. Cassidy
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Sarah Jane Downs against Charlotte Cassidy for slander. Plaintiff had judgment. Defendant appeals from the judgment and from an order denying her a new trial. The allowance of the amendment at the trial changing materially the character of the alleged slanderous words set forth in the first cause of action and refusing the application of the defendant for a continuation of the trial was erroneous.
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Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Sarah Jane Downs against Charlotte Cassidy for slander. Plaintiff had judgment. Defendant appeals from the judgment and from an order denying her a new trial. The allowance of the amendment at the trial changing materially the character of the alleged slanderous words set forth in the first cause of action and refusing the application of the defendant for a continuation of the trial was erroneous. The amendment consisted of a change in the set of words alleged to have been used from the second person to the third…
1Opinion of the CourtChief Justice Brantly
Action for slander. Plaintiff had verdict and judgment, The defendant has appealed from the judgment and an order denying her motion for a new trial.
The complaint alleges four causes of action, each counting upon slanderous words spoken falsely and maliciously of and concerning the plaintiff, in the presence of persons named and *474unnamed, at various times between August 20 and September 12, 1910. The first count, as originally drawn, charged that the words spoken of and concerning plaintiff were: “She is a bloody whore, and a thief; her son is a bastard and she and her family live like a pack…
2Cases cited19 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
- Jones v. GreeleySupreme Court of Florida · 1889
- Christiansen v. AldrichMontana Supreme Court · 1904
- Brown v. BarnesMichigan Supreme Court · 1878
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3Cited by11 opinions
- Scott v. Times-Mirror Co.California Supreme Court · 1919
- Keller v. Safeway Stores, Inc.Montana Supreme Court · 1940
- State Ex Rel. Clark v. BaileyMontana Supreme Court · 1935
- Hunt v. VanMontana Supreme Court · 1921
- McCarthy v. Anaconda Copper Mining Co.Montana Supreme Court · 1924
6 more not listed; retrieve them via the Exa API.