Downs v. Hawley
Massachusetts Supreme Judicial Court
Tom for slander in accusing the plaintiff of having committed the crime of sodomy with a mare. Trial in the Superior Court, before Rockwell, J. The declaration contained three counts.
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Tom for slander in accusing the plaintiff of having committed the crime of sodomy with a mare. Trial in the Superior Court, before Rockwell, J. The declaration contained three counts. The first count set forth “that the defendant publicly, falsely and maliciously accused the plaintiff of the crime of sodomy by words spoken of the plaintiff substantially as follows [setting out the words] ; and 'the said defendant at another time, in a certain conversation, of and concerning the «aid plaintiff, falsely and maliciously said that he the said plaintiff [setting out other words] ; and the…
1Opinion of the CourtColt, J.
The declaration in this case contains three counts. At the trial, the plaintiff relied only on the first and last.
The first count alleges that the defendant publicly accused the plaintiff of the crime of sodomy by words spoken of him substantially as set forth. The language used on two distinct occasions is recited, and the whole is followed by the allegation that,, by the words so publicly uttered in presence of divers good citizens of this Commonwealth, the defendant intended to accuse the plaintiff of the crime charged.
The last count alleges that the defendant publicly accused the…
2Cases cited4 opinions
- Brettun v. AnthonyMassachusetts Supreme Judicial Court · 1869
- Robbins v. FletcherMassachusetts Supreme Judicial Court · 1869
- Shaw v. McGregoryMassachusetts Supreme Judicial Court · 1870
- Chapin v. WhiteMassachusetts Supreme Judicial Court · 1869
3Cited by23 opinions
- Bander v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1943
- Fleming v. DaneMassachusetts Supreme Judicial Court · 1939
- Cavicchi v. KoskiMassachusetts Appeals Court · 2006
- Lewis v. RussellMassachusetts Supreme Judicial Court · 1939
- Smith v. Denholm & McKay Co.Massachusetts Supreme Judicial Court · 1934
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