Haselton v. Weare
Supreme Court of Vermont
This was an action on the case for verbal slander. The declaration contained four counts, the last of which was as follows : — ‘“Also for that, the defendant at said Compton, to wit, at said Guildhall, on the fifth day of June last past, speaking of the plaintiff in a certain other discourse, which the said Weare then and there had, with divers other good and worthy citizens of this state, and of the province of Lower Canada, of and concerning the plaintiff, the said Weare,…
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This was an action on the case for verbal slander. The declaration contained four counts, the last of which was as follows : — ‘“Also for that, the defendant at said Compton, to wit, at said Guildhall, on the fifth day of June last past, speaking of the plaintiff in a certain other discourse, which the said Weare then and there had, with divers other good and worthy citizens of this state, and of the province of Lower Canada, of and concerning the plaintiff, the said Weare, with the malicious contrivance and intention aforesaid, and for the several purposes aforesaid, did falsely and…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
Three questions regularly arise in the discussion of this case. 1. Whether the last count in the declaration is originally good and sufficient. 2. Whether, if defective, the defects are cured by the verdict. 3. If it is not aided by the verdict, whether the judgment should be wholly arrested.
The mode of declaring in this oount has some resemblance to the ancient declaration — crimen felonies imposuit. That was only applicable, however, to a particular case. It imported that the defendant had preferred a criminal accusation against the…
2Cases cited2 opinions
- Nye v. OtisMassachusetts Supreme Judicial Court · 1811
- Chipman v. CookSupreme Court of Vermont · 1803
3Cited by9 opinions
- Kenyon v. CameronSupreme Court of Rhode Island · 1890
- Posnett v. MarbleSupreme Court of Vermont · 1890
- Kidder v. BaconSupreme Court of Vermont · 1902
- State v. FreemanSupreme Court of Vermont · 1891
- Smith v. HollisterSupreme Court of Vermont · 1860
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