Conrad v. Roberts

Citations

• 95 Kan. 180
• 147 P. 795
• 1915 Kan. LEXIS 190

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Slander — Evidence in Chief of Plaintiff’s Reputation Improper — But Not Material Error. In an action for slander plaintiff was permitted over defendant’s objections to offer evidence in chief of her reputation and character. Held, that the evidence was not admissible in chief, but since it only tended to prove a fact which the law will presume, its admission was not material error.</p> <p>2. Slander — Proof of Facts Not Alleged in Petition — May be Proven True or Justified under a General Denial. In such an action where the plaintiff for the purpose of showing malice proves the utterance of words not alleged in the petition, the defendant may then prove the truth of these matters under a general denial, or may offer evidence showing conduct of the plaintiff which would excuse or justify the language.</p> <p>3. Slander — What May be Shown under General Denial and Plea of Privilege. Where the defense consists of a general denial and a plea that the matter was privileged, the defendant may, notwithstanding neither justification nor mitigating circumstances has been pleaded, prove the truth, or may prove conduct of the plaintiff justifying the utterance of the words.</p> <p>4. Slander — Conversation between Husband and Wife — Privileged. Where the presence of bystanders at a conversation between husband and wife is a mere casual incident not in any sense sought for by the defendant, the latter will not be deprived of the privilege.</p> <p>5. Slander — Conversation between Husband and Wife — Erroneous instruction. In an action for slander the defendant pleaded a qualified privilege that the words were spoken in a conversation with her husband at a time when she understood her husband was liable to be arrested for his conduct with the plaintiff and another woman where he lived, and that it would result in disgrace being brought upon their family, and that she desired to warn him in the protection of his own interests as well as that of