Ellis v. Lindley
Supreme Court of Iowa
Appeal from Mahaska District Gowrt. Action for slander. In a former action by this plaintiff, Levi Ellis, against A. J. Lindley, B. E. Lindley, this defendant and another, the plaintiff herein testified as a witness. The case was decided at October Term, 1873, Dubuque. The petition in this case is in three counts and sets out in each that the defendant uttered of and concerning the plaintiff and his testimony in that action, that he swore to a lie.
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Appeal from Mahaska District Gowrt. Action for slander. In a former action by this plaintiff, Levi Ellis, against A. J. Lindley, B. E. Lindley, this defendant and another, the plaintiff herein testified as a witness. The case was decided at October Term, 1873, Dubuque. The petition in this case is in three counts and sets out in each that the defendant uttered of and concerning the plaintiff and his testimony in that action, that he swore to a lie. The defendant, for answer, pleaded a general denial and a justification; he also set up a cross action in slander, for that the plaintiff uttered…
1Opinion of the CourtCole, J.
l. slander: damages?' — I. The court instructed the jury, among others, as follows: “16. If defendant has deliberately and repeatedly made the charge against plaintiff, of swearing falsely, and it is not true, and you are satisfied it was done maliciously, you should consider this in aggravation of damages.” This was error. It was expressly said by this court in Beardsley v. Bridgman, 17 Iowa, *462290; that such evidence “ is not admissible to bear upon or to aggravate the damages.” The authorities seem to be almost uniform upon this question; see those cited in the ease just quoted. In…
2Cases cited3 opinions
- Fountain v. WestSupreme Court of Iowa · 1867
- Beardsley v. BridgmanSupreme Court of Iowa · 1864
- Forbes v. MyersIndiana Supreme Court · 1846
3Cited by4 opinions
- Edwards v. George Knapp & Co.Supreme Court of Missouri · 1888
- Georgia v. KepfordSupreme Court of Iowa · 1876
- Baker v. Kansas City Times Co.U.S. Circuit Court for the District of Western Missouri · 1879
- Barton v. ThompsonSupreme Court of Iowa · 1877