Rea v. Harrington
Supreme Court of Vermont
Action for slander. Plea, not guilty. Trial by jury, December Term, 1883, Caledonia County, Ross, J., presiding. Judgment on verdict of guilty.
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Action for slander. Plea, not guilty. Trial by jury, December Term, 1883, Caledonia County, Ross, J., presiding. Judgment on verdict of guilty. The defendant’s third request, mentioned in the opinion, was: “That there could be no recovery as to the crime of abortion, or any attempt to commit abortion, because the declarations did not properly charge the crimes; that if any was committed it was outside the State; that the declaration did not charge the plaintiff knew or supposed the daughter to be pregnant.” The exceptions stated as to provocation: “To bear upon the question of damages and…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
The declaration is for slander. The defendant demurred, and the demurrer was overruled, to which the defendant excepted. The defendant was then allowed to plead the general issue and go to trial on the merits, which resulted in a verdict for the plaintiff. Thereupon, a motion in arrest was filed which was overruled, and the defendant excepted. He now claims to test the sufficiency of the declaration under the exception to overruling the demurrer.
1. By pleading over and going to trial instead of submitting to judgment on the declaration the…
2Cases cited7 opinions
- Earl v. TupperSupreme Court of Vermont · 1873
- Knapp v. FullerSupreme Court of Vermont · 1883
- Smith v. MilesSupreme Court of Vermont · 1843
- Johnson v. SmithSupreme Judicial Court of Maine · 1875
- Brown v. HitchcockSupreme Court of Vermont · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- People v. . FieldingNew York Court of Appeals · 1899
- State v. FerroneSupreme Court of Connecticut · 1921
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- Houston v. Brush & CurtisSupreme Court of Vermont · 1894
- State v. PeirceSupreme Court of Iowa · 1916
27 more not listed; retrieve them via the Exa API.