Landis v. Shanklin

Indiana Supreme Court

Landis v. Shanklin

1 Smith & H. 78

DecidedMay 15, 1848

StatusPublished

This text of 1 Smith & H. 78 (Landis v. Shanklin) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Landis v. Shanklin, 1 Smith & H. 78 (Ind. 1848).

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Opinion

Held, That in an action on the ease for slander, the general issue and a plea of justification having been pleaded, an instruction re[79]*79quested by the defendant, to the effect; that if the jury found the plea of justification not fully sustained, but that the testimony strongly conduced to establish the larceny charged in it, that fact might go in mitigation of damages ; should have been given. Byrkett v. Monohan, 7 Blackf. 83; 1 id. 369; 6 id. 50.

Judgment reversed, sfec.

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Held, That in an action on the ease for slander, the general issue and a plea of justification having been pleaded, an instruction re[79]*79quested by the defendant, to the effect; that if the jury found the plea of justification not fully sustained, but that the testimony strongly conduced to establish the larceny charged in it, that fact might go in mitigation of damages ; should have been given. Byrkett v. Monohan, 7 Blackf. 83; 1 id. 369; 6 id. 50.

Judgment reversed, sfec.

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Bluebook (online)

1 Smith & H. 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landis-v-shanklin-ind-1848.

Opinion

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