69 Iowa 373 | Iowa | 1886
I. One ground of demurrer is that the causes of action set up in the petition are barred by the statute of limitations. As we think that the appeal must be disposed of on this ground, the other points in the demurrer need not be considered; and, as counsel for plaintiff concedes that the demurrer was correctly sustained as to the cause of action for an alleged malicious prosecution, that part of the case requires no further consideration.
The defendant had the undoubted right to require the plaintiff to state when and to whom the alleged slanderous words were spoken, and a petition merely stating generally that the defendant spoke of and concerning plaintiff certain slanderous- words, without stating time and place, or that the words complained of were spoken in the hearing of others, is not the statement of a cause of action. If there was any speaking of words not barred by the statute, it was incumbent on the plaintiff to set them out as his cause of action.
We think the demurrer was correctly sustained upon the ground above pointed out, and we reach this conclusion without determining whether the words alleged to have been spoken and written were actionable.
Affirmed.