Dougherty v. Miller

Ohio Supreme Court

Dougherty v. Miller

1 Wright 36, 1 Ohio Ch. 36

DecidedApril 15, 1832

StatusPublished

This text of 1 Wright 36 (Dougherty v. Miller) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dougherty v. Miller, 1 Wright 36, 1 Ohio Ch. 36 (Ohio 1832).

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Opinion

BY THE COURT.

It 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.

[38]*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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BY THE COURT.

It 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.

[38]*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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Bluebook (online)

1 Wright 36, 1 Ohio Ch. 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dougherty-v-miller-ohio-1832.