Martin

The plaintiffs are husband and wife. The action is for damages claimed to have been suffered by the plaintiffs for slanderous language alleged to have been used by the defendant of, to and concerning the plaintiff Mrs. Floretta Martin. The action is based on subdivision 4 of section 46 of the Civil Code, which defines slander as “a false and unprivileged publication other than libel, which imputes (to a person) ... a want of chastity.” The amended complaint alleges s

The defendant demurred to the complaint upon general and special grounds and the demurrer was overruled. Thereupon he filed an answer specifically denying the allegations of the complaint.

The cause was tried by a jury to whom the following special issues were submitted upon the conclusion of the taking of testimony:

In addition to the special verdicts rendered in response to the foregoing interrogatories or special issues, the jury rendered its general verdict in favor of the plaintiffs for the sum of $750 “for the actual damages to the reputation of the plaintiff, Mrs. Martin.”

On motion the court rendered judgment in favor of the defendant non obstante veredicto upon the ground that- the same was inconsistent…