Kearney v. Gough
Court of Appeals of Maryland
Arpead from St. Mary’s County Court. On the 27th of August, 1828, the appellees instituted the present action against the appellant, for a libel on the plaintiff’s wife. The defendant pleaded a justification as to part, and not guilty as to the residue of the words laid in the declaration.
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Arpead from St. Mary’s County Court. On the 27th of August, 1828, the appellees instituted the present action against the appellant, for a libel on the plaintiff’s wife. The defendant pleaded a justification as to part, and not guilty as to the residue of the words laid in the declaration. In the first plea, certain passages of a pamphlet written by the appellee, Peter Gough, are introduced, and relied upon by the defendant, as a justification of the actionable language imputed to him. Issue was joined upon both pleas. 1. At the trial the defendant contended, that in as much as he had…
1Opinion of the Court
Buchanan, Ch. J.,
delivered the opinion of the court.
We concur in opinion with the court below, on the first exception.
The decision is in conformity with the settled practice throughout the State, giving to the plaintiff on the record, the opening and conclusion, except in cases of avowry for rent in arrear; in relation to which the practice is not uniform. But we dissent on the second exception.
THE JUDGMENT IS THEREFORE REVERSED AND PROCE-DENDO AWARDED.
2Cited by1 opinion
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