Ramsey v. Partridge

*399The opinion of the court was delivered by

West, J.:

Action for slander. The first count alleged that at a certain, time and place certain language was used by the defendant in the presence and hearing of two persons. The testimony showed that substan-' tially the language charged was used at the time and place but in the presence and hearing of only one of the persons. The second count charged that at another place, on the 15th day of July, 1908, the defendant used certain language, and the testimony showed that substantially the language charged was used at the time and place designated, but…