Fitzgerald v. . Quann
New York Court of Appeals
Appeal by defendant, Charles Q. Qnann, from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 31, 1884, which reversed a judgment in favor of said defendant entered upon an order setting aside a verdict in favor of plaintiff against said defendant and dismissing the complaint as to him.
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Appeal by defendant, Charles Q. Qnann, from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 31, 1884, which reversed a judgment in favor of said defendant entered upon an order setting aside a verdict in favor of plaintiff against said defendant and dismissing the complaint as to him. (Reported below, 33 Finn, 652.) The defendants were husband and wife and the action was brought against them for slanderous words spoken by the wife against the plaintiff. The husband was not, at common law, and is not now liable, for the…
1Opinion of the CourtPeckham, J.
The very satisfactory opinion delivered by the learned justice at the General Term, when this case was before-that court, renders it unnecessary to enter upon any general discussion of the question in this court. The counsel for the defendant, in his argument before us, conceded the rule to be well established and almost universally acted on, that statutes changing the common law must be strictly construed, and that the common law must be held no further abrogated than the-clear import of the language used in the statutes absolutely requires. However much modern judges might sometimes! be…
2Cases cited1 opinion
- Bertles v. . NunanNew York Court of Appeals · 1883
3Cited by42 opinions
- Bennett v. . BennettNew York Court of Appeals · 1889
- Tompkins v. . HunterNew York Court of Appeals · 1896
- In Re the Accounting of Title Guarantee & Trust Co.New York Court of Appeals · 1943
- Dean v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Katt v. City of New YorkDistrict Court, S.D. New York · 2001
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