Finch v. Finch

Citations

• 21 S.C. 342
• 1884 S.C. LEXIS 101

Syllabus

<p>1. A motion for a new trial was made upon the conjecture that the jury had reached a verdict by each juror putting down a certain amount, and by then adding these amounts together and dividing their sum by twelve. Held, that the motion was properly refused.</p> <p>2. A Circuit judge has the power to grant a new trial nisi in cases sounding in damages, as well as in actions on contracts.</p> <p>3. In an action for slander the trial judge committed no error in charging the jury “that if one should repeat a slanderous charge concerning another, saying at the same time, ‘I do not believe it to bo true,’ lie would nevertheless become a publisher of a slander, and liable to an action therefor, though the damages in such a case might be light.”</p> <p>4. In charging the jury that “the fact that words are spoken in passion will not excuse a malicious slanderer from liability,” the trial judge committed no error. Passion, suddenly excited by mutual recrimination, might mitigate, but it cannot, in all cases, excuse.</p> <p>5. If defendant undertakes to justify the slander and fails,because the justification is unsupported by the evidence, it may be considered as a circumstance of aggravation and of continued malice, and may be properly considered by the jury in estimating damages.</p> <p>6. It may be that, under section 186 of the code, defendant may introduce evidence to show his belief in the truth of the charge made, in .mitigation of damages, and that evidence introduced for that purpose, even if it failed to sustain the charge, would not aggravate the offence, but no such point was raised in this case by any request to charge.</p> <p>7. In an action of slander it is sufficient if the words be proved substantially as laid ; it is not necessary to prove the words exactly as’ alleged.</p> <p>8. A charge to the jury “that passion does not justify slander, but might be taken into consideration in mitigation,” was as favorable to the defendant as the law allows.</p>