Shields v. Cunningham
Indiana Supreme Court
ERROR to the Harrison Circuit Court. — This was-an acti'onon the case by Elizabeth Cunningham, an infant, by her next friend, against Shields and wife, for slanderous words spoken by the wife concerning the plaintiff. The words charged in the second count were as follows: “Doctor Eddy made an appointment with Elizabeth Cunningham, (meaning the plaintiff,) scaled the-, walls and went to bed to her, (meaning the plaintiff,) at Mrs...
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ERROR to the Harrison Circuit Court. — This was-an acti'onon the case by Elizabeth Cunningham, an infant, by her next friend, against Shields and wife, for slanderous words spoken by the wife concerning the plaintiff. The words charged in the second count were as follows: “Doctor Eddy made an appointment with Elizabeth Cunningham, (meaning the plaintiff,) scaled the-, walls and went to bed to her, (meaning the plaintiff,) at Mrs... Repertories bouse, (thereby meaning that the plaintiffhad committed fornication.”) Plea, not guilty. Verdict and judgment for-the plaintiff below.
1Opinion of the CourtScott, J.
The plaintiffs in error complain oftbe incorrect-ness oftbe proceedings below in three particulars: first, in overruling a motion to. dismiss the writ; secondly, in refusing to permit the defendant to introduce testimony to prove that the plain-till’s witness had made c.ontradictory statements at other times and places; and, thirdly,An overruling a motion in arrest of judgment, on the ground that the words laid in the delaration are not actionable. The writ is no part of the record unless made so by the parties. It has not in this case, by any legitimate method, been made a part of the…
2Cases cited1 opinion
- Morris v. BarkleyCourt of Appeals of Kentucky · 1822
3Cited by18 opinions
- Hinshaw v. StateIndiana Supreme Court · 1897
- Guard v. RiskIndiana Supreme Court · 1858
- Miles v. BuchananIndiana Supreme Court · 1871
- Proctor v. OwensIndiana Supreme Court · 1862
- McQueen v. FulghamTexas Supreme Court · 1864
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