5 Mo. 454 | Mo. | 1838
delivered the opinion of the court.
Barnard and wife sued Boulware in the circuit court, and judgment being there given against them, they come here to reverse that judgment. The action was for words spoken. The defendant pleaded, first, not guilty; secondly, that the cause of action did not accrue within one year, &c. The plaintiff took issue on the first plea, and replied to the second, that the cause of action did accrue within one year, &c. and issue was joined. On the trial of the cause, the plaintiffs offered to give evidence of words spoken by the defendant more than one year ante--rior to the commencement of this action. To this the defendant objected, and the circuit court sustained the objection. The plaintiffs excepted to the opinion of the court. The plaintiffs then offered evidence to prove that they were not informed of the speaking of these words till August, 1836, which is less than one year anterior to the time of commencing this action, and then offered to prove the speaking of the words by the defendant more than one year before the commencement of this suit. The defendant again objected, and the court sustained the objection. To this decision of the court the plaintiffs excepted. The plaintiffs then suffered a non-suit, and then moved to set it aside. Their motion was overruled, and it is assigned for error: 1. That the court refused to permit them to give evidence of words spoken by the defendant more than one year before the commencement of the action, after evidence had been given to prove that the plaintiffs had not been informed of