Shulse v. McWilliams

Citation104 Ind. 512, 3 N.E. 243
Case DateNovember 07, 1885
CourtSupreme Court of Indiana

104 Ind. 512
3 N.E. 243

Shulse
v.
McWilliams.1

Supreme Court of Indiana.

Filed November 7, 1885.


Appeal from Hamilton circuit court.


C. S. Wesner, Charlton & Lockhart, and Kane & Davis, for appellant.

T. H. Palmer, for appellee.

[3 N.E. 244]


HOWK, J.

In this case the appellee sued the appellant in the Boone circuit court to recover damages for slander. As originally filed, appellee's complaint contained four paragraphs, but before the trial of the cause she dismissed her suit as to the second and third paragraphs of her complaint. Issues were joined upon the first and fourth paragraphs of complaint, and, the venue of the cause having been changed to the court below, were there tried by a jury, and a verdict was returned for the appellee, assessing her damages in the sum of $400. Over appellant's motion for a new trial the court rendered judgment against him on the verdict in appellee's favor, for the damages assessed, and costs.

In this court the first ruling below complained of as erroneous by appellant's counsel, in argument, is the overruling of appellant's motion for leave to open and close the trial of the cause to the jury. On this point the rule of practice, under section 536 (Rev. St. 1881) of our Civil Code, is, that the party having the burden of the issue on the trial shall have the opening and closing of the case to the jury. Kinney v. Dodge, 101 Ind. 573. In the first and fourth paragraphs of her complaint, the appellee alleged that the appellant had “falsely, maliciously, and slanderously” spoken to certain named persons, of and concerning appellee, certain “false, malicious, and slanderous words,” setting them out, imputing to her a want of virtue and chastity. To these paragraphs the appellant answered in a single paragraph, covering six pages of closely written legalcap paper, which it is difficult to characterize. It was prepared apparently for the purpose of enabling the appellant to obtain the opening and closing of the case to the jury; but it failed, and properly so we think, to enable him to accomplish such purpose. After admitting that he had spoken substantially the same words stated in the complaint, setting them out, and giving at great length his version of the circumstances under which the words were spoken, his answer proceeds as follows: “The defendant avers that all statements made by him, alleged in the complaint of the plaintiff, were of and concerning such plaintiff, but without malice.”

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22 practice notes
  • Armstrong v. Dunn
    • United States
    • Indiana Supreme Court of Indiana
    • October 11, 1895
    ...was ever filed in the clerk's office. Under such circumstances, it cannot be considered as a part of the record. Shulse v. McWilliams, 104 Ind. 512, 3 N. E. 243;Loy v. Loy, 90 Ind. 404;Stewart v. State, 113 Ind. 505, 16 N. E. 186;Downey v. Head, 138 Ind. 503, 38 N. E. 169;Board v. Huffman, ......
  • Pittsburg, C., C. & St. L. Ry. Co. v. O'Brien
    • United States
    • Indiana Supreme Court of Indiana
    • October 9, 1895
    ...to show that it was ever filed in the clerk's office of the circuit court. This must be shown by the transcript. Shulse v. McWilliams, 104 Ind. 512, 3 N. E. 243;Loy v. Loy, 90 Ind. 404;Stewart v. State, 113 Ind. 505, 16 N. E. 186;Downey v. Head, 138 Ind. 503, 38 N. E. 169;Board of Com'rs v.......
  • Walton v. Mays
    • United States
    • Idaho Supreme Court
    • December 15, 1920
    ...Hall v. Masser, 24 Pa. 507, 64 Am. Dec. 677; Franklin v. Atlanta & C. Air Line Ry. Co., 74 S.C. 332, 54 S.E. 578; Shulse v. McWilliams, 104 Ind. 512, 3 N.E. 243; Snyder v. Braden, 58 Ind. 143; Summers v. Greathouse, 87 Ind. 205; Paxton v. Woodward, 31 Mont. 195, 107 Am. St. 416, 3 Ann. Cas.......
  • Hart v. Bd. of Com'rs of Johnson Cnty.
    • United States
    • Indiana Supreme Court of Indiana
    • November 1, 1895
    ...This is required to be done before it can become a part of the record. Rev. St. 1894, § 641 (Rev. St. 1881, § 629); Shulse v. McWilliams, 104 Ind. 512, 3 N. E. 243;Loy v. Loy, 90 Ind. 404;Steward v. State, 113 Ind. 505, 16 N. E. 186;Downey v. Head, 138 Ind. 503, 38 N. E. 169;Commissioners v......
  • Request a trial to view additional results
22 cases
  • Armstrong v. Dunn
    • United States
    • Indiana Supreme Court of Indiana
    • October 11, 1895
    ...was ever filed in the clerk's office. Under such circumstances, it cannot be considered as a part of the record. Shulse v. McWilliams, 104 Ind. 512, 3 N. E. 243;Loy v. Loy, 90 Ind. 404;Stewart v. State, 113 Ind. 505, 16 N. E. 186;Downey v. Head, 138 Ind. 503, 38 N. E. 169;Board v. Huffman, ......
  • Pittsburg, C., C. & St. L. Ry. Co. v. O'Brien
    • United States
    • Indiana Supreme Court of Indiana
    • October 9, 1895
    ...to show that it was ever filed in the clerk's office of the circuit court. This must be shown by the transcript. Shulse v. McWilliams, 104 Ind. 512, 3 N. E. 243;Loy v. Loy, 90 Ind. 404;Stewart v. State, 113 Ind. 505, 16 N. E. 186;Downey v. Head, 138 Ind. 503, 38 N. E. 169;Board of Com'rs v.......
  • Walton v. Mays
    • United States
    • Idaho Supreme Court
    • December 15, 1920
    ...Hall v. Masser, 24 Pa. 507, 64 Am. Dec. 677; Franklin v. Atlanta & C. Air Line Ry. Co., 74 S.C. 332, 54 S.E. 578; Shulse v. McWilliams, 104 Ind. 512, 3 N.E. 243; Snyder v. Braden, 58 Ind. 143; Summers v. Greathouse, 87 Ind. 205; Paxton v. Woodward, 31 Mont. 195, 107 Am. St. 416, 3 Ann. Cas.......
  • Hart v. Bd. of Com'rs of Johnson Cnty.
    • United States
    • Indiana Supreme Court of Indiana
    • November 1, 1895
    ...This is required to be done before it can become a part of the record. Rev. St. 1894, § 641 (Rev. St. 1881, § 629); Shulse v. McWilliams, 104 Ind. 512, 3 N. E. 243;Loy v. Loy, 90 Ind. 404;Steward v. State, 113 Ind. 505, 16 N. E. 186;Downey v. Head, 138 Ind. 503, 38 N. E. 169;Commissioners v......
  • Request a trial to view additional results

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