Johnson v. Dymond
Johnson v. Dymond
Opinion of the Court
A review of the pleadings and the evidence in the record shows that the plaintiffs have conspicuously failed to bear the burden that was theirs, and that no other conclusion in the case was possible. No useful purpose would be served in answering arguments raised in plaintiffs’ brief, or in making a detailed analysis of the evidence. Suffice it to say, as to the claim concerning the false and libelous character of the allegations in the separation suit, that their truth was substantially established by the testimony of the plaintiffs themselves; and as to the claim that the statements were unauthorized, we think that the evidence clearly establishes that the defendant attorneys, in preparing the petition for separation from bed and board, made the allegations complained of in accordance with the information given them, and with the -authority of their client, the plaintiff Mrs. Indest.
For the reasons assigned, the judgment appealed from is affirmed.
. Those allegations were quoted in excerpt form: “that for over two years your petitioner’s husband has physically abused her;” “your petitioner’s husband punched or slapped petitioner in the face, knocking her to the floor;” “he has continually harassed, cursed, vilified and beaten your petitioner with his hands, subjecting her to extreme cruel and excruciating pain and unbeatable [sic] mental pain.”
Reference
- Full Case Name
- Edna Clarice JOHNSON, Wife of George F. Indest, Jr., and George F. Indest, Jr. v. F. Irvin DYMOND and Charles A. Levy, Jr.
- Status
- Published