Chapin v. White
Massachusetts Supreme Judicial Court
Tort for slander. The first count of the declaration, the caption of which was, “ Superior Court for the County of Hampshire and Commonwealth of Massachusetts,” alleged that the defendant “ publicly, falsely and maliciously accused the plaintiff of the crime of perjury by words spoken of and to the plaintiff, in the presence and hearing of divers citizens of said Commonwealth, substantially as follows : ” setting forth the words.
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Tort for slander. The first count of the declaration, the caption of which was, “ Superior Court for the County of Hampshire and Commonwealth of Massachusetts,” alleged that the defendant “ publicly, falsely and maliciously accused the plaintiff of the crime of perjury by words spoken of and to the plaintiff, in the presence and hearing of divers citizens of said Commonwealth, substantially as follows : ” setting forth the words. The second count alleged that “ the defendant publicly, falsely and maliciously accused the plaintiff of the crime of perjury, by words spoken of the plaintiff,…
1Opinion of the CourtColt, J.
The first count in the plaintiff’s declaration charges • the defendant with having accused the plaintiff of the crime of perjury, in the presence and hearing of divers citizens of the *140Commonwealth. The answer denies the charge as set forth in this count.
The only proof of publication offered was, that the accusation was made in the presence of the plaintiff and a citizen of Connecticut. It was objected that this was not competent to prove the publication alleged. The court are of opinion that, under the pleadings, the objection is well taken.
The fact of the publication of the words by the…
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- Loibl v. BreidenbachWisconsin Supreme Court · 1890
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