Elfrank ex rel. Elfrank v. Seiler
Supreme Court of Missouri
Error to Bollinger Circuit Court. I. The petition is sufficient under the statute. (W. S., 519, § 1; 1020, § 43 ; 1013, § 3 ; Stieber vs. Wensel, 19 Mo., 513 ; Dowd vs. Winters, 20 Mo., 361; Atwinger vs. Eellner, 46 Mo., 276 ; Berseh vs. Dittrick, 19 Mo., 129 ; W. S., 1034, § 5.) II. A failure to set out tbe words in tbe Holland language, when words are set out in the English language that are actionable per se, is not a failure to state a cause of action. III.
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Error to Bollinger Circuit Court. I. The petition is sufficient under the statute. (W. S., 519, § 1; 1020, § 43 ; 1013, § 3 ; Stieber vs. Wensel, 19 Mo., 513 ; Dowd vs. Winters, 20 Mo., 361; Atwinger vs. Eellner, 46 Mo., 276 ; Berseh vs. Dittrick, 19 Mo., 129 ; W. S., 1034, § 5.) II. A failure to set out tbe words in tbe Holland language, when words are set out in the English language that are actionable per se, is not a failure to state a cause of action. III. Defendant should have demurred. Failure to demur was a waiver. I. Hnder our statute (2 W: S., 1020, § 43,) commented upon and…
1Opinion of the CourtSherwood, Judge
Action of slander. The petition eharged -that defendant’s wife -spoke of and concerning the plaintiff, and her sister Anna, * * * the following false and slanderous words in the Holland language, and- which language and the words spoken were understood by those who heard them, to-wit: Elfranks! that mean people ; whoring- folks ! ” The words in the Dutch language were not set forth.
The answer of the defendants, was the general issue.
The trial came on, a jury was impaneled, and the plaintiff offered to introduce evidence in support of the allegations of the petition ;■ but this was objected to…
2Cited by26 opinions
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- Pomeroy v. BentonSupreme Court of Missouri · 1874
- Grove v. City of KansasSupreme Court of Missouri · 1882
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
- Snyder v. Wagner Electric Manufacturing Co.Supreme Court of Missouri · 1920
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