Haynes v. Robertson
Missouri Court of Appeals
■Appeal from Polk Comity Circuit Court. — Hon. C. H. Skinker, Judge. (1) A petition which attempts to set ont several distinct and separate canses of action in one count is bad and a demurrer to it should be sustained. Gardner v. Robertson, 208 Mo. 605. (2) Such is the rule in actions for libel and slander.
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■Appeal from Polk Comity Circuit Court. — Hon. C. H. Skinker, Judge. (1) A petition which attempts to set ont several distinct and separate canses of action in one count is bad and a demurrer to it should be sustained. Gardner v. Robertson, 208 Mo. 605. (2) Such is the rule in actions for libel and slander. Flowers v. Smith, 214 Mo. 98; Christal v. Craig, 80 Mo. 367. (3) If plaintiff’s petition would authorize a recovery on any more than one alleged statement of defendant, then defendant’s motion to require the plaintiff to elect should have been sustained. Christal v. Craig, 89 Mo. 367;…
1Opinion of the CourtSturgis, J.
The defendant appeals from á verdict and judgment against him in a slander suit. The defamatory words charged in plaintiff’s petition to have been spoken by defendant concerning him are: “Have you heard about Booker Haynes, the preacher, being caught in bed with Joe Leith’s wife, and that he and Leith had a fight and that Leith blacked his eye, and that Haynes has gone west! It is so.” These last words, “It is so,” were stricken out by amendment after plaintiff’s evidence was all in. Because the words spoken are charged in a single count to have been spoken on several different dates to…
2Cases cited19 opinions
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- Callahan v. IngramSupreme Court of Missouri · 1894
- Christal v. CraigSupreme Court of Missouri · 1883
- Hanson v. NealSupreme Court of Missouri · 1908
- Hubbard v. SlavensSupreme Court of Missouri · 1909
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3Cited by5 opinions
- Hester v. BarnettMissouri Court of Appeals · 1987
- Gardella v. Log Cabin Products Co.Court of Appeals for the Second Circuit · 1937
- Kirk v. EbenhochSupreme Court of Missouri · 1945
- Patmont v. International Christian Missionary Ass'nSupreme Court of Minnesota · 1919
- Rodefer v. BrookingMissouri Court of Appeals · 1921