Story v. Downey
Supreme Court of Vermont
This was an action on the case for slander, and was heard on general demurrer to the declaration at the September Term, 1888, Taft, J., presiding. Demurrer overruled. The defendants except. The case appears in the opinion. referred to No. 140, Acts of 1884. The action is properly brought in the name of the husband and wife. Odg.
Read the full summary
This was an action on the case for slander, and was heard on general demurrer to the declaration at the September Term, 1888, Taft, J., presiding. Demurrer overruled. The defendants except. The case appears in the opinion. referred to No. 140, Acts of 1884. The action is properly brought in the name of the husband and wife. Odg. Lib. 345; Merritt and wife v. Hearth, 48 Vt. 65; Hoar and wife v. Ward and wife, 47 Yt. 657; Hackett v. Hewitt, 57 Yt. 442 ; Muir v. Bissett, 52 Yt. 287 ; Sheridan and wife v. Sheridan, 58 Yt. 504; Ryan and wife v. Madden, 12 Yt. 51; White and wife v. Waite, 47 Yt.…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. «1.
This was an action of slander, brought to recover on account of slanderous words that are alleged to have been spoken by the defendant wife of and concerning the plaintiff wife, and was heard upon general demurrer to the declaration. The grounds of demurrer urged are the joinder of the husbands as plaintiffs and defendants. At common law the husbands were properly joined both as parties plaintiff and defendant, but it is claimed that the statutes of this State have changed the common law, so that the plaintiff wife should have brought the…
2Cases cited3 opinions
- Mary J. v. Solon BurroughsSupreme Court of Vermont · 1889
- Matthie v. Town of BartonSupreme Court of Vermont · 1867
- Hall v. WinchellSupreme Court of Vermont · 1866
3Cited by8 opinions
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- Fadden v. McKinneySupreme Court of Vermont · 1914
- Knapp v. WingSupreme Court of Vermont · 1900
- Radke v. SchlundtIndiana Court of Appeals · 1902
- Russell v. PhelpsSupreme Court of Vermont · 1901
3 more not listed; retrieve them via the Exa API.