Stallings v. Whittaker
Supreme Court of Arkansas
APPEAL from White Circuit Court. Matthew T. Sanders, Judge. The latter part of instruction No. I is not the law. The identical words must be proven as alleged. Newman, pp. 424,674; Newell, pp. 804-5, sec. SO; *'£•» p- 808, notes 21, 22; ib., 807, note 19. Odgers on Libel and Slander, p. 435. It is wrong because it does not instruct the jury that the testimony must be given in a judicial proceeding, and that it was material to the issue.
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APPEAL from White Circuit Court. Matthew T. Sanders, Judge. The latter part of instruction No. I is not the law. The identical words must be proven as alleged. Newman, pp. 424,674; Newell, pp. 804-5, sec. SO; *'£•» p- 808, notes 21, 22; ib., 807, note 19. Odgers on Libel and Slander, p. 435. It is wrong because it does not instruct the jury that the testimony must be given in a judicial proceeding, and that it was material to the issue. Newman, p. 315 ; Newell, p. 122, sec. 52 ; ib., 126. If the testimony was not material to the issue, an action .for slander could not be maintained. Newell,…
1Opinion of the CourtHughes, J.
This is an action for slander, in which the plaintiff charges in his complaint that the defendant maliciously and falsely charged him with having sworn falsely-when giving evidence as a witness on a trial before a justice of the peace. For defense to the action, the defendant in his answer says that he is not guilty. He denies malice, evil design, intention to injure the plaintiff or deprive him of the means of earning a livelihood. He denies that the plaintiff was damaged by reason of the speaking of the words, and pleads justification. The jury returned a verdict for the plaintiff in the…
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3Cited by11 opinions
- Dunaway v. TrouttSupreme Court of Arkansas · 1960
- Braman and the Gus Blass Co. v. WalthallSupreme Court of Arkansas · 1949
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- Jackson v. WilliamsSupreme Court of Arkansas · 1909
- VanHoozer v. ButlerSupreme Court of Arkansas · 1917
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