Meyer v. Viereck

In two separate counts, the one charging slander, the other malicious prosecution, the appellee sought damages in this action against the appellant as the result of the utterance against him of a statement, alleged to be defamatory, as follows:

“I saw Hawley Viereck standing on the running board of a Ford auto truck at the corner of Felcman’s confectionary store and fire the first shot; I saw one of the Bell boys, the smallest one in working clothes, lurch forward.”

After demurrer and a general denial, appellant specially admitted making the statement to L. Trimble, a state ranger, sent to…