Shepard v. Merrill
New York Supreme Court
IN ERROR, from the court of common pleas of the county of Oneida. The defendant in error brought an action of slander in the court below against the plaintiff in error. The declaration con- . i ° . 1 . . , tamed two counts; in the first it was alleged, that the deiendant had charged the plaintiff with stealing his shingles; and in the second count, that he had said that the plaintiff and one Tucker had stolen his shingles.
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IN ERROR, from the court of common pleas of the county of Oneida. The defendant in error brought an action of slander in the court below against the plaintiff in error. The declaration con- . i ° . 1 . . , tamed two counts; in the first it was alleged, that the deiendant had charged the plaintiff with stealing his shingles; and in the second count, that he had said that the plaintiff and one Tucker had stolen his shingles. The defendant below pleaded the general issue, and gave notice therewith that he should give in evidence on the trial, that he, the defendant, “ on leaving a house in…
1Opinion of the Court
'Thompson, Ch. J.
Where. the;réeord is made up, we have not required a special assignment of errors to the bill'of exceptions, but have considered,the general' assignment of errors as sufficient..
Spencer, J.,
delivered the opinion of the.count, TheCoUftbelow properly excluded the evidence offered on the trial. Notice, under the statute, must apprise the opposite party of.every ma* terifil fact intended to be given in evidence. The statute (1. N. R. L. 515.) authorizes a defendant to plead the general issue, -and to give any special matter in evidence which, if plead* ed,, would he a bar to the…
2Cited by10 opinions
- Jones, Varnum & Co. v. Townsend's AdministratrixSupreme Court of Florida · 1885
- Fero v. . RuscoeNew York Court of Appeals · 1850
- Norton v. RookerWisconsin Supreme Court · 1842
- McLeod v. CrosbyMichigan Supreme Court · 1901
- Barrows v. CarpenterU.S. Circuit Court for the District of Rhode Island · 1858
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