Lewis v. McDaniel
Supreme Court of Missouri
Appeal from Franklin Circuit Court. — IIon. A. J. SeayJudge. The words charged are not actionable, and the words proved are not only not the same in substance, but are not even equivalent, and do not convey the same ideas. The first instruction for plaintiff was erroneous in the use of the words “in substance,” or “ substantially.”
Read the full summary
Appeal from Franklin Circuit Court. — IIon. A. J. SeayJudge. The words charged are not actionable, and the words proved are not only not the same in substance, but are not even equivalent, and do not convey the same ideas. The first instruction for plaintiff was erroneous in the use of the words “in substance,” or “ substantially.” Attebury v. Powell, 29 Mo. 427. It is exclusively the province of the court to determine whether there is such an identity between the words proved and those charged in the petition as will support the action. Berry v. Dryden, 7 Mo. 324. The verdict was erroneous…
1Opinion of the CourtRay, J.
At the November term, 1878, of the circuit ■court of Franklin county, the respondent filed his petition in an action for slander, in three clauses, in substance as follow's:
1st, That on or about the 25th day of December, 1876, in the vicinity and neighborhood of respondent and appellant, in the county of Franklin, the appellant maliciously intending to injury the respondent in his good name, fame and credit, etc., in the hearing of one John Lefler and others spoke of and concerning the respondent the following false, malicious and defamatory words: “John Thompson killed my hogs and eat them,…
2Cases cited6 opinions
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Grove v. City of KansasSupreme Court of Missouri · 1882
- Birch v. BentonSupreme Court of Missouri · 1858
- Brady v. ConnellySupreme Court of Missouri · 1873
- Atteberry v. PowellSupreme Court of Missouri · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Fowden v. Pacific Coast Steamship Co.California Supreme Court · 1906
- Nicholson v. RogersSupreme Court of Missouri · 1895
- Perry v. TurnerSupreme Court of Missouri · 1874
- Crawford v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- Fleet v. TichenorCalifornia Supreme Court · 1909
17 more not listed; retrieve them via the Exa API.