Legal Opinion

Shadden v. McElwee

Tennessee Supreme Court

Decided November 1, 1887PublishedCited by 20 opinions

FROM ROANE. Appeal in error from Circuit Court of Roane County. S. A. ROGERS, J.

1Opinion of the CourtFolkes, J.

This is an action for slander.

The words as charged in the declaration are: “He (meaning plaintiff) stole my horse;” and “he (meaning plaintiff') came to my house while I was away and stole my horse,” and “he (meaning plaintiff) is a rogue, for he stole my horse, and I did not see him back for days.”

The defendant pleaded the general issue, and in addition thereto pleaded that the words, if spoken, were uttered as a witness under oath, in a cause pending in the Circuit Court of Roane County, wherein the plaintiff here was plaintiff' there, and defendant here was defendant there; and that as *148such…

2Cases cited4 opinions

  1. Calkins v. SumnerWisconsin Supreme Court · 1860
  2. McLaughlin v. CowleyMassachusetts Supreme Judicial Court · 1879
  3. White v. . CarrollNew York Court of Appeals · 1870
  4. Smith v. HowardSupreme Court of Iowa · 1869

3Cited by20 opinions

  1. Briscoe v. LaHueSupreme Court of the United States · 1983
  2. Bruce v. Byrne-Stevens & Associates Engineers, Inc.Washington Supreme Court · 1989
  3. Cooley v. GalyonTennessee Supreme Court · 1902
  4. Cooper v. PhippsOregon Supreme Court · 1893
  5. Massee v. WilliamsCourt of Appeals for the Sixth Circuit · 1913

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