Chamberlin v. Vance

Citations

• 51 Cal. 75

Syllabus

<p>Slanderous Words having a Covert Meaning.—It is admissible, in actions of slander, to aver and prove that words which have a covert meaning were intended to defame, and were so understood by those who heard them.</p> <p>Evidence in Slander.—In an action of slander, words substantially the same as those declared on, spoken by the defendant after the commencement of the action, are admissible in evidence on the question of malice, but the plaintiff can recover no additional damages for such words.</p> <p>An Offer of Evidence.—When counsel make an offer of evidence, they must offer to prove all the facts which, taken in connection with the facts already proven, are necessary to render the offered evidence relevant, otherwise the court is justified in rejecting the offer.</p> <p>Cross-Examination of Witness.—If a witness has testified, on cross-examination, as to a conversation, the court will not assume that the witness may have omitted a part of the conversation, for the purpose of laying the foundation for a further cross-examination on another subject.</p> <p>Evidence in Action of Slander.—In an action of slander for words spoken accusing the plaintiff of a crime, evidence on behalf of the defendant, that, by common rumor, the plaintiff was suspected of having been guilty of the crime charged against him, is not admissible.</p> <p>Aggravation of Damages in Slander.—If the defendant, in an action of slender, in his answer alleges matters which, if true, would tend to show that the plaintiff was guilty of the crime charged in the slanderous words, and if he does not believe, and has no reason to believe such alleged matters are true, the jury may consider such allegations as showing continuing and express malice, and as matter in aggravation of damages.</p> <p>Verdict in Gold Coin.—In an action of slander, if the jury assess the damages for the plaintiff in gold coin, the court may disregard so much of the verdict as relates to coin, and enter a judgment which does