Rhodes v. Naglee
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Clara County, and from an order refusing a new trial. Action for slander. The facts are sufficiently stated in the opinion of the court.
1Opinion of the CourtMorrison, C. J.
Action for slander, and verdict for $3,000 damages. The first point made on appeal is, that the amended complaint is substantially defective, and the demurrer thereto-should have been sustained. The amended complaint charges, that the defendant, in the presence and hearing of plaintiff and divers persons (naming them), spoke of and concerning the-plaintiff falsely and maliciously the following words, viz: “You are a thief ; you make your money by stealing.” It is claimed on behalf of the defendant “ that there is no averment to make-definite the ambiguous terms employed. “ The words are per…
2Cases cited4 opinions
- Fry v. BennettThe Superior Court of New York City · 1851
- De Witt v. WrightCalifornia Supreme Court · 1881
- Pike v. Van WormerNew York Supreme Court · 1850
- Clarke v. JonesSupreme Court of Iowa · 1878
3Cited by12 opinions
- St. Louis Southwestern Railway Co. v. ThompsonTexas Supreme Court · 1908
- Cunningham v. SimpsonCalifornia Supreme Court · 1969
- Golden North Airways, Inc., a Corporation v. Tanana Publishing Company, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1955
- Zhadan v. Downtown L.A. MotorsCalifornia Court of Appeal · 1976
- Albertini v. SchaeferCalifornia Court of Appeal · 1979
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