Curry v. Collins
Supreme Court of Missouri
Appeal from Worth Circuit Court. The petition was as follows : “Plaintiff states that on the 6th day of June, A. D. 1865, at the county of Worth aforesaid, the defendant, in the presence and hearing of divers citizens of said county, maliciously spoke of and concerning plaintiff the following false and slanderous words, that is to say: “I (meaning the defendant) was yesterday insulted by a bushwhacker, and James W. Curry (meaning plaintiff) was the man.’ ‘ A bushwhacker…
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Appeal from Worth Circuit Court. The petition was as follows : “Plaintiff states that on the 6th day of June, A. D. 1865, at the county of Worth aforesaid, the defendant, in the presence and hearing of divers citizens of said county, maliciously spoke of and concerning plaintiff the following false and slanderous words, that is to say: “I (meaning the defendant) was yesterday insulted by a bushwhacker, and James W. Curry (meaning plaintiff) was the man.’ ‘ A bushwhacker insulted me (meaning defendant), and Curry (meaning plaintiff) was the man.’ ‘I (meaning.defendant) was insulted by James…
1Opinion of the CourtHolmes, Judge
This was an action of slander. There was judgment upon demurrer for the defendant. The substance of the petition was, that the defendant, in the presence and hearing of divers citizens, maliciously spoke of and concerning the plaintiff the following false and slanderous words, that is to say, “I (meaning the defendant) was yesterday insulted by a bushwhacker^ and James W. Curry (meaning the plaintiff) was the man”; and the same is repeated in various forms, the amount of the whole being that the defendant called the defendant a bushwhacker; thereby intending to charge the-plaintiff, to the…
2Cases cited5 opinions
- Birch v. BentonSupreme Court of Missouri · 1858
- Dyer v. MorrisSupreme Court of Missouri · 1835
- Stieber v. WenselSupreme Court of Missouri · 1854
- Andrews v. WoodmanseeNew York Supreme Court · 1836
- McManus v. JacksonSupreme Court of Missouri · 1859
3Cited by14 opinions
- Christal v. CraigSupreme Court of Missouri · 1883
- Langworthy v. Pulitzer Publishing CompanySupreme Court of Missouri · 1963
- Bundy v. HartSupreme Court of Missouri · 1870
- Smedley v. SouleMichigan Supreme Court · 1900
- Legg v. DunleavySupreme Court of Missouri · 1883
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