Severance v. Hilton
Superior Court of New Hampshire
Case, for words spoken by the defendant, charging the plain tiff with poisoning his first wife. The plaintiff introduced three witnesses, who testified that the words were spoken by the defendant, as charged in the plaintiff’s declaration. One of these was William H. Hadley.
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Case, for words spoken by the defendant, charging the plain tiff with poisoning his first wife. The plaintiff introduced three witnesses, who testified that the words were spoken by the defendant, as charged in the plaintiff’s declaration. One of these was William H. Hadley. The defendant introduced evidence to show that these witnesses of the plaintiff had made different representations at other times, as to the speaking of the words by the defendant; and that they could not have been spoken at the time testified to by the three witnesses, from their relation to other transactions, the time…
1Opinion of the CourtPerley, J.
By the forty-sixth printed rule of practice, “ after a witness has been dismissed from the stand, he cannot be recalled without permission of the court upon an application for that purpose.” It is thus left to the discretion of the court whether a witness whose examination has been completed shall be recalled, and we see nothing to raise a suspicion that this discretion was,in the present case improvidently exercised.
In an action for verbal slander, the defendant may give evidence of the plaintiff’s general bad character, to reduce the damages. Lamos v. Snell, 6 N. H. Rep. 413.
But in this…
2Cases cited2 opinions
- Matthews v. HuntleySuperior Court of New Hampshire · 1838
- Lamos v. SnellSuperior Court of New Hampshire · 1833
3Cited by1 opinion
- State v. MerskiSupreme Court of New Hampshire · 1983