Heady v. Fishburn
Nebraska Supreme Court
This action was brought in the district court for Nemaha county, by Sarah Ann Fishburn, to recover damages for slanderous words ■ alleged to have been spoken of her by Thomas Heady. The cause was tried to a jury, who returned a verdict in favor of the plaintiff, upon which judgment was duly rendered in her favor. To reverse this judgment Thomas Heady, who was defendant in the court below, brought the cause to this court by a petition in error.
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This action was brought in the district court for Nemaha county, by Sarah Ann Fishburn, to recover damages for slanderous words ■ alleged to have been spoken of her by Thomas Heady. The cause was tried to a jury, who returned a verdict in favor of the plaintiff, upon which judgment was duly rendered in her favor. To reverse this judgment Thomas Heady, who was defendant in the court below, brought the cause to this court by a petition in error. Several instructions to the jury were asked for by plaintiff in error and refused by the court, but inasmuch as these instructions were not passed upon…
1Opinion of the Court
Lake, Ch. J.
One of the errors assigned in this case is that the facts set forth in the petition do not constitute a cause of action; and another is that the plaintiff in the court below has not the legal capacity to bring the suit.
Neither of these objections were urged in the argument of counsel, and therefore we supposed they were abandoned. However this may be, an inspection of the record has failed to disclose any ground for either of them. The *265words alleged to have been spoken are very clearly actionable; and if there existed any fact which disqualified the •defendant in error to bring…
2Cases cited1 opinion
- Monroe v. ElburtNebraska Supreme Court · 1871
3Cited by6 opinions
- St. Louis v. StateNebraska Supreme Court · 1879
- Tomer v. DensmoreNebraska Supreme Court · 1879
- Dickinson v. LawsonNebraska Supreme Court · 1933
- Hanscom v. LantryNebraska Supreme Court · 1896
- Goracke v. HintzNebraska Supreme Court · 1882
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