25 Iowa 9 | Iowa | 1868
The plaintiff was a competent witness (Eev. § 3978) ; and if the words charged were proven by her testimony to have been spoken by the defendant in presence of others, there is no reason why the jury, if they believed her, might not' find a verdict upon her testimony, as well as upon that of “ some person other than the plaintiff.” We are not able to discover any legal or reasonable ground upon which the alteration can be sustained.
If' the words were spoken under such circumstances as to make them in law a privileged communication, they should be so pleaded and insisted upon at tbe trial. Sucb claim, made for tbe first time on the bearing of tbe appeal, cannot operate to defeat tbe right of tbe plaintiff to a fair trial upon the facts and law before the jury.
Unversed.