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1 Wright 36

Dougherty v. Miller

Ohio Supreme Court

Decided April 15, 1832

Ohio Supreme Court · decided 1832-04-15

Slander. The plaintiff counted, 1st. upon the words: “You stole cloth arid sold a waistcoat off it to Doctor Rathbone.” “You stole my cloth and took a waistcoat off it, and sold it to Doctor Rathbone.” 2d. For the following words, spoken of him as a tailor: “You have secreted customers’ cloth, and sold waistcoats made up out of it to Dr. Rathbone: You have taken a waistcoat off my cloth, and sold it to Dr. Rathbone.” Plea, not guilty, with a notice that the plaintiff did…

Decided 1832-04-15

BY THE COURT.

¶1It is insisted that the evidence does not warrant the verdict, because there is no proof that the words were spoken before the suit ivas brought; and because the whole evidence showed that the words were not spoken in a slanderous sense. The evidence submitted to the jury tended to prove both these points. It was competent for the jury to deduce from that evidence proof of both points, and having done so, we cannot disturb the verdict.

¶2*3837] *The statute 29 O. L. 70, provides that where a plaintiff in slander shall have his damages assessed at any sum under five dollars, he shall not recover any costs. The judgment in this case is therefore without costs.

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