2 Ind. 212 | Ind. | 1850
This was an action of slander brought by Polly Ann Lacey. The declaration contains two counts. Plea — not guilty. There were also some special pleas. Verdict and judgment for the plaintiff.
The first count alleges that the defendant, in a conversation with one Mrs. Rasor of and concerning the plaintiff, and of and concerning her character for chastity, falsely and maliciously spoke and published the following words of and concerning the plaintiff, and of and concerning her behaviour, and of and concerning her character for chastity, namely: “Mr. Panin says that Mrs. Lacey is not a decent woman, and keeps a public house, (meaning a bawdy house). Mr. Panin said there was not a decent woman in the house, (the plaintiff’s house meaning). The church alleges nothing against you, (Mrs. Rasor meaning,) except that you live with Mrs. Lacey. You he under suspicion only by living with Mrs. Lacey. Averment, that by the said words, the defendant meant and intended, and was by said Mrs. Rasor understood as meaning and intending, that the plaintiff had been and was guilty of fornication.
The second count states that the defendant, in a conversation with one Charles Jones, falsely and maliciously spoke and published of and concerning the plaintiff, and of and concerning her behaviour, and of and concerning her character for chastity, these other words, namely: “ There are fifteen members of our church who will be
If the declaration contains no cause of action, we need look no further into the case.
It is clear that the innuendoes attached to the words “ public house,” namely, “ meaning a bawdy house,” are unwarranted. The words, “ a public house,” do not, in their ordinary acceptation, mean a bawdy house.
It is also clear that the averments that the defendant meant, and was understood to mean, by the words charged, that the plaintiff had been and was guilty of fornication, is not warranted by those words. That is not the natural meaning of any of the words laid. It does not follow that because a woman is not decent, or because she is base and keeps a public house, or because her house is as. bad as any house of ill-fame, that she is guilty of fornication.
We must, therefore, lay the innuendoes, to which we have thus particularly referred, out of the case.
There are no extrinsic facts set out in the declaration, by way of inducement, that might aid in showing the suit to be maintainable. The consequence is, that if the de- . claration can be sustained, it is upon the ground that the words relied on are, in themselves, actionable.
The charging of a woman with fornication, adultery, or whoredom, is actionable by statute. R. S. p. 691. But none of the words here laid constitute any such charge. If the words are actionable, if is because they charge the plaintiff with the commission of some indictable offence; but we do not think that any such charge is made. The words that come the nearest to it are the following: “ Jo
The defect in the declaration, of which we have spoken, is not cured by the verdict. Goldstein v. Foss, 4 Bingh. 489. — Hays v. Mitchell, 7 Blackf. 117.
The judgment is reversed with costs. Cause remanded, with instructions to the Circuit Court to arrest the judgment, each party paying his own costs in that Court. Judgment for costs here.