Perry v. Breed
Massachusetts Supreme Judicial Court
Tort for slander. The declaration contained two counts, the first of which alleged that the defendant publicly, falsely and maliciously accused the plaintiff of the crimes of larceny and burglary, and set forth the words spoken.
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Tort for slander. The declaration contained two counts, the first of which alleged that the defendant publicly, falsely and maliciously accused the plaintiff of the crimes of larceny and burglary, and set forth the words spoken. The second count alleged that the plaintiff was a police officer of the city of Boston, and at the time of the slander had applied to the police commissioners to be appointed one of the constables of the Commonwealth ; that the defendant, contriving and intending to injure the plaintiff and to prevent him from obtaining the said appointment of constable, accused the…
1Opinion of the CourtGray, C. J.
This seems to the court to be rather a question of form of proceeding and regularity of practice, than of substance. In strictness, after the bill of exceptions has been once allowed and has been entered in this court, this court has exclusive jurisdiction of it, and the judge below cannot alter it without the authority of this court. But it is the well settled practice, on motion of either party to the full court, before argument upon the bill of exceptions as allowed, when there is reason to believe that there may have been a mistake or omission in drawing up the bill of exceptions, and…
2Cases cited1 opinion
- Bannister v. AldermanMassachusetts Supreme Judicial Court · 1873
3Cited by11 opinions
- Brigham v. FayerweatherMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. GoldenbergMassachusetts Supreme Judicial Court · 1959
- Hector v. Boston Electric Light Co.Massachusetts Supreme Judicial Court · 1894
- Burbank v. FarnhamMassachusetts Supreme Judicial Court · 1915
- Boucher v. Hamilton Manufacturing Co.Massachusetts Supreme Judicial Court · 1927
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