The Northeastern Reporter Volume 37 pdf

The Northeastern Reporter Volume 37 pdf

The Northeastern Reporter Volume 37.cWest Publishing Company
The Northeastern Reporter Volume 37
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Author: West Publishing Company
Number of Pages: 1040 pages
Published Date: 01 Mar 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781130478662
File size: 48 Mb
Download Link: The Northeastern Reporter Volume 37
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 Excerpt: ... proved. Belck v. Belck, 97 Ind. 73; Meyer v. Bohlflng, 44 Ind. 238; De Pew v. Robinson, 95 Ind. 109; Casey v. Hulgan, 118 Ind. 590, 21 N. B. 322. To sustain a complaint for slander, It Is not required to prove the charge to have been made In the precise words alleged In the pleading, but It Is necessary to prove that the defendant spoke the words in substance or substantially as alleged in the complaint; that Is, the words themselves must be proved, or enough of them to substantially make out the charge Included in. some set of words counted on. It is not enough to prove the speaking of similar or equivalent words. Wheeler v. Robb, 1 Blackf. 330; Linville v. Earlwine, 4 Blackf. 469; Creelman v. Marks, 7 Blackf. 281; Iseley v. Lovejoy, 8 Blackf. 462; Tucker v. Call, 45 Ind. 31; Durrah v. StillweU, 59 Ind. 139; McCallister v. Mount 73 Ind. 559. The fifth cause for a new trial is: "(5) The court erred in refusing to give the jury the first Instruction as asked by the defendant, and In modifying said Instruction, and in giving said Instruction as modified." It Is a well-established rule that where an exception Is taken to several acts of the court jointly, or where several acts of the court are assigned as a cause for new trial jointly and not severally, all of the acts complained of must be erroneous In order to sustain the exception or cause for new trial. Railway Co. v. Madden. 134 Ind. 462, 34 N. B. 227; Kackley v. Railroad Co. (Ind. App.) 34 N. E. 532; King v. Easton, (iud. Sup.) 35 N. H. 181; Railway Oo. T. Renlcker (Ind. App.) Id. 1047. The first Instruction asked by appellant disregarded the rule that enables the plaintiff to recover by proving the words charged In his complaint substantially, although not exactly. This Instruction was theref...

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