McKim v. Moore
Supreme Court of Missouri
Appeal from Shelby Circuit Court.—lion V. L. Brain, Judge. (1) The words alleged and proven are actionable per se; they impute to plaintiff the commission of a crime under the laws of the United States, indictable, and for which corporal punishment may be inflicted as the immediate punishment, and not as the consequence of a failure to satisfy a pecuniary penalty. Birch v. Benton, 26 Mo. 153; Bundy v. Hart, 46 Mo. 462; Houston v. Wooley, 37 Mo.
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Appeal from Shelby Circuit Court.—lion V. L. Brain, Judge. (1) The words alleged and proven are actionable per se; they impute to plaintiff the commission of a crime under the laws of the United States, indictable, and for which corporal punishment may be inflicted as the immediate punishment, and not as the consequence of a failure to satisfy a pecuniary penalty. Birch v. Benton, 26 Mo. 153; Bundy v. Hart, 46 Mo. 462; Houston v. Wooley, 37 Mo. App. 24; Currey v. Collins, 37 Mo. 328 ; Boyce v. Wheeler, 197 Mo. App. 295; Sec. 6, Selective Service Law of United States, approved May 18, 1917.…
1Opinion of the CourtWalker, J.
—This is an action for damages for slander, brought -in the Circuit Court of Knox County, but transferred by a change of venue to Shelby County, where it was tried in October, 1919. At the close of plaintiff’s testimony the court gave an instruction in the nature of a demurrer to the evidence. Upon plaintiff declining to plead further, judgment was rendered in favor of the defendant, from which this appeal has been perfected.
The material portions of the petition upon which the determination of this action depends is substantially as follows: That in August, 1917, the plaintiff and the…
2Cases cited10 opinions
- Christal v. CraigSupreme Court of Missouri · 1883
- Birch v. BentonSupreme Court of Missouri · 1858
- Bundy v. HartSupreme Court of Missouri · 1870
- Dyer v. MorrisSupreme Court of Missouri · 1835
- Walsh v. Pulitzer Publishing Co.Supreme Court of Missouri · 1913
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3Cited by6 opinions
- Brown v. KittermanSupreme Court of Missouri · 1969
- Walker v. Kansas City Star CompanySupreme Court of Missouri · 1966
- Kirk v. EbenhochSupreme Court of Missouri · 1945
- Richard R. Riss, Sr. v. Ardith L. AndersonCourt of Appeals for the Eighth Circuit · 1962
- Connell v. A. C. L. Haase & Sons Fish Co.Supreme Court of Missouri · 1923
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