Ballard

The plaintiff commenced an action against the defendant to recover damages alleged to have been, incurred by reason of slander. The defendant answered and a trial was had before the trial court sitting with a jury. The jury returned a verdict in favor of the plaintiff and from the judgment entered thereon the defendant has appealed and has brought up typewritten transcripts.

In her first point the defendant devotes a large amount of space to the motive which prompted the plaintiff to commence this action. If in filing her complaint the plaintiff acted within her legal rights her action in that respect is not converted by a bad motive into an unlawful act. Furthermore, in so far as the plaintiff’s motives threw any light on the truth of the charges made by her, in support of the judgment, we must assume that the jury gave due weight to everything the defendant presented regarding the motive of the plaintiff. Under this heading the defendant calls to our attention many items of evidence which she claims to be inconsistent or improbable. Of course all of these matters were for the consideration of the jury and not of a court of review.

The jury returned a verdict in the sum of…