Rabior v. Kelley
Michigan Supreme Court
Error to Bay; Collins, J. Case by John Rabior against Charles A. Kelley for slander. Judgment for plaintiff. Defendant brings error.
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Error to Bay; Collins, J. Case by John Rabior against Charles A. Kelley for slander. Judgment for plaintiff. Defendant brings error. The alleged slanderous words and innuendoes are: “Rabior (meaning the plaintiff) burned my cottage up (meaning that the plaintiff had set fire to the cottage of the said defendant and said Elizabeth Kelley and had committed the crime of arson in so doing).” The consequences of the slander alleged are injury to plaintiff’s good name, fame and credit, public scandal, infamy, and disgrace among neighbors and citizens. Defendant with his plea gave notice that if he…
1Opinion of the CourtOstrander, J.
(after stating the facts). 1. The complaints in the criminal cases as evidence of malice. The court did not refer to them in the charge. As has been pointed out, defendant preferred a request to charge upon the subject, and he has argued at length the question of their prejudicial effect as evidence. But it also appears that the attorneys for the *113respective parties filed in this court a stipulation to the effect that certain matter has been inadvertently omitted from the bill of exceptions, reciting the matter so omitted. From this recital it appears that during-the argument of counsel to the…
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