Morgan v. Booth
Court of Appeals of Kentucky
Case 56 — PETITION ORDINARY APPEAL PROM DAVIESS CIRCUIT COURT. 1. Appellant’s defense, in this action of slander, was two-fold: 1. He denied uttering the words charged, and denied malice; 2. He pleaded that, on the occasion when the words were alleged to have been uttered, he was conducting his own defense in the case in which appellee testified, and that any thing then said was in good faith in his defense, *and addressed to the court, therefore privileged.
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Case 56 — PETITION ORDINARY APPEAL PROM DAVIESS CIRCUIT COURT. 1. Appellant’s defense, in this action of slander, was two-fold: 1. He denied uttering the words charged, and denied malice; 2. He pleaded that, on the occasion when the words were alleged to have been uttered, he was conducting his own defense in the case in which appellee testified, and that any thing then said was in good faith in his defense, *and addressed to the court, therefore privileged. This case is an exception to the rule established in Harper v. Harper, (10 Bush, 447,) that a plea of justification must admit the…
1Opinion of the CourtChief Justice Lindsay
Appellee avers that he was duly and legally sworn as a witness to testify in an action between the commonwealth and the appellant, then pending before one F. M. King, a justice of the peace; that he did testify; and that while in testifying of and concerning a material question involved in the case, the appellant maliciously and falsely charged upon and spoke of and concerning him and his testimony these words, “ That his said testimony was false, and the reason the plaintiff testified falsely against him was, that he (the plaintiff) was a bitter enemy of him (the defendant), and that he (the…
2Cited by13 opinions
- McClarty v. BickelCourt of Appeals of Kentucky · 1913
- Tanner v. StevensonCourt of Appeals of Kentucky · 1910
- Prewitt v. WilsonSupreme Court of Iowa · 1905
- Morgan & Pottinger, Attorneys, P.S.C. v. BottsKentucky Supreme Court · 2011
- Stewart v. HallCourt of Appeals of Kentucky · 1885
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