Nott v. Stoddard
Supreme Court of Vermont
Action on the case for slander, to recover damages for words spoken against Sarah W. Nott, wife of Asahel W. Nott, charging her with stealing wood. Plea, not guilty, with notice of justification. Trial by jury, September Term, 1863, Barrett, J., presiding.
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Action on the case for slander, to recover damages for words spoken against Sarah W. Nott, wife of Asahel W. Nott, charging her with stealing wood. Plea, not guilty, with notice of justification. Trial by jury, September Term, 1863, Barrett, J., presiding. The defendant’s notice was as follows: “And the defendant, pursuant to the statute in such case made and provided, hereby gives notice that he will prove upon the trial of said cause, in justification of so much of the charge declared against him in the first count in said declaration as is contained in the words I (meaning himself, the…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
1. It is insisted by the counsel for the defence that the county court erred in deciding that the notice of justification to the first count was insufficient, and holding the defendant to trial upon the plea of not guilty. It has long been settled by decisions in this state that a notice, in order to let in evidence as a defence not admissible under the general issue, must contain all the facts neceissary to constitute a good special plea. The statute authorizing a notice as a substitute for a special plea, dispenses with the form but not with…
2Cases cited1 opinion
- Underhill v. WeltonSupreme Court of Vermont · 1859
3Cited by20 opinions
- Duncan v. the Record Publishing Co.Supreme Court of South Carolina · 1927
- Bishop v. . New York Times Co.New York Court of Appeals · 1922
- Driggs v. BurtonSupreme Court of Vermont · 1871
- Greenmoss Builders, Inc. v. Dun & Bradstreet, Inc.Supreme Court of Vermont · 1983
- Maytag v. CumminsCourt of Appeals for the Eighth Circuit · 1919
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