141 N.W. 515 | S.D. | 1913
Plaintiff instituted this action against the defendants jointly, charging that defendants maliciously slandered plaintiff by uttering and publishing oral words falsely charging plaintiff with having stolen defendant’s cattle. Defendant demurred to the complaint on the ground, among others, that the complaint fails to state facts sufficient to constitute a cause of action against defendants. The demurrer was overruled, and defendants excepted and appeal, assigning as error the said ruling of ¡the court. It is the contention of defendants that plaintiff cannot maintain this action against them jointly for uttering and publishing spoken slanderous words; that each of them is responsible only for his or her own spoken words, and not for the words of the other. We are of the opinion that appellants are. right in this contention.
The order overruling said demurrer is reversed, and the cause remanded for further procedure in accordance with the views herein expressed.