Wood v. Hilbish
Missouri Court of Appeals
Appeal from Daviess Circuit Court, Hon. C. H. S.. Goodman, Judge. Statement of case by the court. This was an action of slander. The petition was in three counts. The plaintiff dismissed as to the third count, and the jury found for the plaintiff on the first count only.
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Appeal from Daviess Circuit Court, Hon. C. H. S.. Goodman, Judge. Statement of case by the court. This was an action of slander. The petition was in three counts. The plaintiff dismissed as to the third count, and the jury found for the plaintiff on the first count only. The defamatory words charged in the first-count of the petition to have been spoken of the plaintiff by the defendant, were: “I will not keep him, (meaning the plaintiff), all summer, for I have to watch. my pocket book too close. He (meaning the plaintiff), stole fifteen dollars from me at one time, and ten dollars at…
1Opinion of the CourtHall, J.
Under the pleadings the speaking of the words by the defendant did not stand admitted.
Under our code the defendant in an action for slander may in his answer deny the speaking of the words and justify; the denial and the justification are not inconsistent. Proof of one does not disprove the other; proving the truth of the words spoken does not prove the speaking of the words :' and this is .the test of inconsistency. Bliss on Code Pleading, sect. 344, and notes ; Nelson v. Brodhack, 44 Mo. 596; McAdow v. Ross, 53 Mo. 199.
Applying the test to the answer in this case we do not find any…
2Cases cited14 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Klinck v. . ColbyNew York Court of Appeals · 1871
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Christal v. CraigSupreme Court of Missouri · 1883
- Rollins v. ClaybrookSupreme Court of Missouri · 1856
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3Cited by16 opinions
- Lee v. W. E. Fuetterer Battery & Supplies Co.Supreme Court of Missouri · 1929
- Finley v. WilliamsSupreme Court of Missouri · 1930
- Trice v. LancasterMissouri Court of Appeals · 1954
- Fulkerson v. MurdockMissouri Court of Appeals · 1893
- Flowers v. SmithSupreme Court of Missouri · 1908
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