Legal Opinion

Royce v. Maloney

Supreme Court of Vermont

Decided January 15, 1885PublishedCited by 4 opinions

Libel. Heard on demurrer to the defendant’s plea, September Term, 1884, Redfield, J., presiding. Judgment, that the plea to the first count in the declaration (wherein bribery is averred) is sufficient; that the plea to the second count is insufficient, and demurrer overruled.

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Libel. Heard on demurrer to the defendant’s plea, September Term, 1884, Redfield, J., presiding. Judgment, that the plea to the first count in the declaration (wherein bribery is averred) is sufficient; that the plea to the second count is insufficient, and demurrer overruled. The declaration alleged, in part, that the defendant published a malicious libel of and concerning the plaintiff “and of and concerning his official conduct in said office of Chief Judge of the Supreme Court of Vermont, that is to say: ‘He’ (meaning the plaintiff) ‘has received presents and favors from leading litigants…

1Opinion of the Court

The opinion of the court was delivered by

Tart, J.

The question presented in this case arises upon demurrer to the plea of the defendant Maloney. It is alleged in the declaration that the defendant published of the plaintiff, Chief Judge of the Supreme Court of this State, that he received presents and favors from leading litigants, with the innuendo, “meaning thereby that the plaintiff was guilty of bribery in his said office of Chief Judge by receiving valuables from parties having causes *328for determination in the court over which the plaintiff then presided, with a view to influence the…

2Cases cited2 opinions

  1. Nott v. StoddardSupreme Court of Vermont · 1865
  2. Hoyt v. SmithSupreme Court of Vermont · 1859

3Cited by4 opinions

  1. Duncan v. the Record Publishing Co.Supreme Court of South Carolina · 1927
  2. Wilcox v. MoonSupreme Court of Vermont · 1891
  3. Porter v. Northern Fire & Marine InsuranceNorth Dakota Supreme Court · 1917
  4. Friedburg v. NuddCourt of Appeals of Kansas · 1900

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