True v. Plumley
Supreme Judicial Court of Maine
On Report from Nisi Prius, Hathaway, J., presiding. Action for defamatory words spoken of Mrs. True. having read the exceptions, offered to read and to support by proofs a written motion for an amendment of the exceptions, on the ground that alterations made in them by the Judge, after they had been drawn up and filed by the counsel, present the case wrongfully, and do injustice to the defendant. Shepi.ey, G. J. — “It is unnecessary to read the motion.
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On Report from Nisi Prius, Hathaway, J., presiding. Action for defamatory words spoken of Mrs. True. having read the exceptions, offered to read and to support by proofs a written motion for an amendment of the exceptions, on the ground that alterations made in them by the Judge, after they had been drawn up and filed by the counsel, present the case wrongfully, and do injustice to the defendant. Shepi.ey, G. J. — “It is unnecessary to read the motion. The Court has no power to grant it. This has often been decided. A .remedy in such a case can be had upon a writ of mandamus only. The…
1Opinion of the Court
Appleton, J. —
The numerous questions arising in this cause have been argued with great elaborateness and ability, and it will become necessary to examine them with care, as well on account of their intrinsic importance, as on that of the interests involved in their determination.
The depositions of Timothy Fuller and others- were taken at 8 o’clock, on tile Monday preceding the session of the Court to which they were returnable. The defendant offered to prove, that the notice to take them, was served on him at half past seven of the same morning, and that, when they *475were to be taken according…
2Cases cited7 opinions
- King v. RootCourt for the Trial of Impeachments and Correction of Errors · 1829
- Jackson ex dem. Woodruff v. GilchristNew York Supreme Court · 1818
- Huidekoper v. CottonSupreme Court of Pennsylvania · 1834
- Pastorius v. FisherSupreme Court of Pennsylvania · 1828
- Nye v. OtisMassachusetts Supreme Judicial Court · 1811
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Marks & Co. v. HastingsSupreme Court of Alabama · 1893
- Henderson v. ReynoldsSupreme Court of Georgia · 1889
- Gribble v. Pioneer Press Co.Supreme Court of Minnesota · 1885
- Stone v. BirdSupreme Court of Kansas · 1876
- Mannix v. Portland TelegramOregon Supreme Court · 1933
8 more not listed; retrieve them via the Exa API.