Bundy v. Hart
Supreme Court of Missouri
Appeal from Fourth District Court. I. The statute of Indiana, relating to the offense, should have been pleaded and proved like any other fact. If not pleaded, the court should not have permitted it to be read in evidence. (Townsh. Sland., § 159.) II. There is clearly a variance between the allegation in the petition and the proof. The weight and preponderance of the evidence shows that the words spoken were: “ It is reported that he had to leave Indiana for burning a barn.”
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Appeal from Fourth District Court. I. The statute of Indiana, relating to the offense, should have been pleaded and proved like any other fact. If not pleaded, the court should not have permitted it to be read in evidence. (Townsh. Sland., § 159.) II. There is clearly a variance between the allegation in the petition and the proof. The weight and preponderance of the evidence shows that the words spoken were: “ It is reported that he had to leave Indiana for burning a barn.” These words do not support the allegation in the petition. The words proved are not equivalent to the words charged,…
1Opinion of the CourtBliss, Judge
The plaintiff prosecutes for slander, charging it as follows: “Plaintiff states that on or about the first day of December, 1866; defendant spoke the following false and slanderous words concerning the plaintiff: ‘That he had to leave Indiana for burning a barn,5 thereby meaning and intending to charge that plaintiff had been guilty of the crime of arson, and was so understood by the bystanders,” etc. Defendant denied the speaking the words, and, upon the trial and by motion in arrest, claimed that the words were not actionable without the allegation that, by the laws of: Indiana, burning a…
2Cases cited9 opinions
- Van Vechten v. HopkinsNew York Supreme Court · 1809
- Berry v. DrydenSupreme Court of Missouri · 1842
- Curry v. CollinsSupreme Court of Missouri · 1866
- Johnson v. DickenSupreme Court of Missouri · 1857
- Montgomery v. DeeleyWisconsin Supreme Court · 1854
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3Cited by19 opinions
- Christal v. CraigSupreme Court of Missouri · 1883
- Lightfoot v. JenningsSupreme Court of Missouri · 1953
- Cook v. Pulitzer Publishing Co.Supreme Court of Missouri · 1912
- Legg v. DunleavySupreme Court of Missouri · 1883
- Flowers v. SmithSupreme Court of Missouri · 1908
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