Legal Opinion

Hackett v. Brown

Tennessee Supreme Court

Decided January 4, 1871PublishedCited by 1 opinion

FROM SMITH. In the Circuit Court, A. McClaiN, J., presiding. cited Kinohdow v. Suite, • 5 Hum., 12; Fleming v. State, 5 Hum., 564. On the admissibil-itj' of evidence of the character of the house, they cited Gilmer v. Lowell, 8 Wend., 573; Boot v. King, 7 Cow., 613; Lamed v. Buffington, 3 Mass., 546; 2 Wh. Selw. N. R., 1283; Hil. on Torts, p. 403, § 67; 2 Wharton, 314; West v. Walhr, 2 Swan, 34; Shirley v. KecCihy, 4 Cold., 30 Words spoken in anger, 2 Wh. Selw.

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FROM SMITH. In the Circuit Court, A. McClaiN, J., presiding. cited Kinohdow v. Suite, • 5 Hum., 12; Fleming v. State, 5 Hum., 564. On the admissibil-itj' of evidence of the character of the house, they cited Gilmer v. Lowell, 8 Wend., 573; Boot v. King, 7 Cow., 613; Lamed v. Buffington, 3 Mass., 546; 2 Wh. Selw. N. R., 1283; Hil. on Torts, p. 403, § 67; 2 Wharton, 314; West v. Walhr, 2 Swan, 34; Shirley v. KecCihy, 4 Cold., 30 Words spoken in anger, 2 Wh. Selw. N. P., 3267; 3 Mass., 553; 4 N Y. Dig., 1041; 2 Green]., 223, 425; Wend. Starkie SL, 27, 55. DeWitt & McHeNRY cited, in addition, 2…

1Opinion of the CourtNelsON, J.

The defendant- in error, being a minor, brought this action under the Code, 3400, which declares that “any *267words written, spoken or printed of a person, wrongfully and maliciously imputing to such person the commission of adultery or fornication, are actionable, without special damage.” Such words were not actionable at common law, and redress against such slander could be obtained in England through the spiritual’ courts only; but they have been actionable here since the act of 1804, ch. 1; 1 Scott’s Rev., 852. The declaration is for verbal slander. Issue was taken upon the plea of not…

2Cases cited1 opinion

  1. Bush v. ProsserNew York Supreme Court · 1852

3Cited by1 opinion

  1. Cunningham v. UnderwoodCourt of Appeals for the Sixth Circuit · 1902

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