Humphreys v. Pile
Missouri Court of Appeals
Appeal from Grundy Circuit Court. — Hon. George W, Wanamalcer', Judge. (1) In slander, the jury is not the judge of the law, to any extent. Grimes v. Thorp, "113 Mo. App. 652; Sands v. Marquardt & Sons, 113 Mo. App. 490. (2) Justification must be pleaded. R. S. 1899, sec. 636; Bliss, Code Pleading (3 Ed.), secs. 359, 361; Boone, Code Pleading, 72; Yager v. Bruce, 116 Mr. App. 473; 18 Am. and Eng. (2 Ed.), pp. 1008, 1070. The defendant is now dead.
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Appeal from Grundy Circuit Court. — Hon. George W, Wanamalcer', Judge. (1) In slander, the jury is not the judge of the law, to any extent. Grimes v. Thorp, "113 Mo. App. 652; Sands v. Marquardt & Sons, 113 Mo. App. 490. (2) Justification must be pleaded. R. S. 1899, sec. 636; Bliss, Code Pleading (3 Ed.), secs. 359, 361; Boone, Code Pleading, 72; Yager v. Bruce, 116 Mr. App. 473; 18 Am. and Eng. (2 Ed.), pp. 1008, 1070. The defendant is now dead. The verdict, so far as the compensatory damages are concerned, is not affected by any error. The plaintiff remits the amount allowed as punitive…
1Opinion of the CourtJohnson, J.
This action is for slatider. Both compensatory and exemplary damages axe claimed in the petition. The yerdict avparded plaintiff fifteen hundred dollars- compensatory and one thousand dollars exemplary damages and, after unsuccessfully moving for a new trial and in arrest of judgment, defendant brought the case here by appeal. The suit was begun September 7, 1908, in the circuit court of Grundy county by the filing of a petition wherein defendant is ■ charged with the slander of plaintiff on three different occasions, viz., September, 1907, January, 1908, and July, 1908.- The parties were…
2Cases cited3 opinions
- Tingley v. Times Mirror Co.California Supreme Court · 1907
- Sands v. G. W. Marquardt & SonsMissouri Court of Appeals · 1905
- Grimes v. ThorpMissouri Court of Appeals · 1905