Lemaster v. Ellis
Missouri Court of Appeals
Appeal from Lawrence County Circuit Court.—How. Carr McNatt, Judge. (1) The court erred in admitting any evidence offered by the plaintiff under her petition for the reason the same-stated no cause of action. 13 Ency. PI. and Pr. 55; Townsend on Slander and Libel, sec. 338; Ukman v. Daily Record Co., 189 Mo. 394; 25 Cyc. 450; Dyer v. Morris, 4 Mo. 214; Fallenstein v. Booth, 13 Mo. 427; Christal v. Craig, 80 Mo. 369; Boyce v. Aubuchon, 34 Mo.
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Appeal from Lawrence County Circuit Court.—How. Carr McNatt, Judge. (1) The court erred in admitting any evidence offered by the plaintiff under her petition for the reason the same-stated no cause of action. 13 Ency. PI. and Pr. 55; Townsend on Slander and Libel, sec. 338; Ukman v. Daily Record Co., 189 Mo. 394; 25 Cyc. 450; Dyer v. Morris, 4 Mo. 214; Fallenstein v. Booth, 13 Mo. 427; Christal v. Craig, 80 Mo. 369; Boyce v. Aubuchon, 34 Mo. App. 318; Bundy v. Hart, 46 Mo. 462; Powell v. Crawford, 107 Mo. 598. (2) The court erred in refusing the peremptory instruction requested by the…
1Opinion of the CourtSturgis, J.
—This is a suit for slander. The petition alleges that the plaintiff is an unmarried woman and that she and her married sister and her sister’s husband, Logan Baxter, lived with her mother in the country in Lawrence county, Missouri; that in the spring of 1912 this plaintiff was absent from home for a time as a traveling saleslady, and that about the same time her sister’s husband departed for the State of Colorado; that the defendant also lived in the same neighborhood and knew that Logan Baxter had gone on a business trip. The petition then proceeds; “Plaintiff further states that the…
2Cases cited21 opinions
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Julian v. Kansas City Star Co.Supreme Court of Missouri · 1908
- Diener v. Star-Chronicle Publishing Co.Supreme Court of Missouri · 1910
- Christal v. CraigSupreme Court of Missouri · 1883
- Spillane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
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3Cited by7 opinions
- Parsons v. HenryMissouri Court of Appeals · 1914
- Kirk v. EbenhochSupreme Court of Missouri · 1945
- Rail v. National Newspaper Ass'nMissouri Court of Appeals · 1916
- Connell v. A. C. L. Haase & Sons Fish Co.Supreme Court of Missouri · 1923
- Rivers v. FeazellCourt of Appeals of Texas · 1933
2 more not listed; retrieve them via the Exa API.