Boyce v. Wheeler
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) The-court erred in permitting the introduction of testimony at the beginning of the trial as the petition does not state a cause of action. The words alleged are not actionable per se and no matter of inducement was pleaded • to make them so. Crystal v. Craig,' 80 Mo. 373; Moore v. Johnson (Ky.), 144 S. W. 765, 1.- c. 767, 768; Townsend on Libel & Slander, sec. 308; Vanloon v. Vanloon, 159 Mo.
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Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) The-court erred in permitting the introduction of testimony at the beginning of the trial as the petition does not state a cause of action. The words alleged are not actionable per se and no matter of inducement was pleaded • to make them so. Crystal v. Craig,' 80 Mo. 373; Moore v. Johnson (Ky.), 144 S. W. 765, 1.- c. 767, 768; Townsend on Libel & Slander, sec. 308; Vanloon v. Vanloon, 159 Mo. App. 255; Boyce v. Wheeler, 161 Mo. App. 506. (2) The defendant’s demurrer to the evidence should have been sustained at the close…
1Opinion of the CourtAllen, J.
This is an action for slander. The suit was instituted in the circuit court of Boone county, where a trial was had, resulting in a verdict and judgment in favor of plaintiff for $171, but on defendant’s appeal to the Kansas City Court of Appeals, the judgment was reversed and the cause remanded. Thereafter the case went on change of venue to Audrain county, where a trial before the court and a jury resulted in a verdict and judgment for piaintiff for $2000 actual damages and $1000 punitiye damages. Prom this judgment the defendants prosecute the appeal before us. In the testimony reference is…
Also in this document: Concurrence.
2Cases cited19 opinions
- Julian v. Kansas City Star Co.Supreme Court of Missouri · 1908
- Diener v. Star-Chronicle Publishing Co.Supreme Court of Missouri · 1910
- Christal v. CraigSupreme Court of Missouri · 1883
- Birch v. BentonSupreme Court of Missouri · 1858
- Estes v. Desnoyers Shoe Co.Supreme Court of Missouri · 1900
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3Cited by8 opinions
- Brown v. KittermanSupreme Court of Missouri · 1969
- Lightfoot v. JenningsSupreme Court of Missouri · 1953
- Starnes v. St. Joseph Railway, Light, Heat & Power Co.Supreme Court of Missouri · 1932
- Tincher v. National Life & Accident InsuranceMissouri Court of Appeals · 1940
- Lonergan v. LoveMissouri Court of Appeals · 1941
3 more not listed; retrieve them via the Exa API.