Rooney v. Tierney
Court of Appeals of Kentucky
Case 42 — PLEADING, SLANDEB APPEAL PROM HANCOCK CIRCUIT COURT. 1. The reasoning of this court in the case of Horton v. Bonner, 6 Bush,. 596, taken in connection with subsection 4, section 113, Civil Code of' Practice, settles this question. 2. The pleas of not guilty, and justification, are totally inconsistent. One. or the other should have been stricken out.
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Case 42 — PLEADING, SLANDEB APPEAL PROM HANCOCK CIRCUIT COURT. 1. The reasoning of this court in the case of Horton v. Bonner, 6 Bush,. 596, taken in connection with subsection 4, section 113, Civil Code of' Practice, settles this question. 2. The pleas of not guilty, and justification, are totally inconsistent. One. or the other should have been stricken out. (Civil Code, subsection 2. and 4 to section 113; Myers’ Code, subsection 4, section 125.) 1. The first demurrer of appellant to the answer of appellee was that paragraph one and two, are repugnant. A demurrer is not the proper mode of…
1Opinion of the CourtChief Justice Hines
Tbis is an action of slander in wMcli judgment was. rendered for appellee who was defendant in the court below.
The only question we will consider is whether the-court below erred in allowing appellee to plead inconsistent defenses. The first paragraph of the answer-denies the speaking of the words set forth in the petition, and in the second paragraph, by amendment, it is. *254-alleged as follows : “ The defendant amends the second paragraph in his answer, and says that for the purpose ■of this action and the perfection of his plea in said paragraph contained, he admits the speaking of the words…
2Cited by6 opinions
- Ray v. ShemwellCourt of Appeals of Kentucky · 1919
- Shipp v. PattenCourt of Appeals of Kentucky · 1906
- Lane v. BryantCourt of Appeals of Kentucky · 1896
- Weinstein v. RhorerCourt of Appeals of Kentucky (pre-1976) · 1931
- Whittaker v. McQueenCourt of Appeals of Kentucky · 1908
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