Bourland v. Eidson
Supreme Court of Virginia
This was an action of slander in the Circuit court of Augusta county, brought by William Eidson against James Bourland. The declaration contained but one' count, in which the slander alleged to have been uttered was stated to be, “that the plaintiff was a rogue, and had stolen from the defendant an order on Stofer, and that the plaintiff had sworn to a lie in Court.”
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This was an action of slander in the Circuit court of Augusta county, brought by William Eidson against James Bourland. The declaration contained but one' count, in which the slander alleged to have been uttered was stated to be, “that the plaintiff was a rogue, and had stolen from the defendant an order on Stofer, and that the plaintiff had sworn to a lie in Court.” The defendant pleaded “not guilty:” And on the trial of the cause, he offered to prove in mitigation of damages, that at and about the time of speaking the words set out in the declaration, the plaintiff and defendant were…
1Concurrence
MONCURE, J.,
concurred in reversing the judgment.
The judgment was as follows:
It appears from the first bill of exceptions, that at the trial “the defendant offered evidence to prove, in mitigation of damages, that at and about the time of speaking the words in the declaration mentioned, the plaintiff and defendant were engaged in an angry and exciting controversy in the Court, and that they were both in the habit of using towards and concerning each other violent and abusive language, and that about that time, although not at the time when the words charged in the declaration: *416were spoken, the…
2Cases cited37 opinions
- Johnson v. BrownWest Virginia Supreme Court · 1878
- Sweeney v. BakerWest Virginia Supreme Court · 1878
- Chaffin v. LynchSupreme Court of Virginia · 1887
- McGinnis v. CurryWest Virginia Supreme Court · 1878
- Patton v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
32 more not listed; retrieve them via the Exa API.