Bissell v. Cornell
New York Supreme Court
This was an action of slander, tried at the Oneida circuit in October, 1838, before the Hon. Philo Grilley, one of the circuit judges. The words alleged to be spoken by the defennant, were that the plaintiff had had criminal connexion with one Eunice Tousey and had assisted her in procuring an abortion. The declaration contained several counts in which the words were varied, but in all, the same charge was substantially set forth.
Read the full summary
This was an action of slander, tried at the Oneida circuit in October, 1838, before the Hon. Philo Grilley, one of the circuit judges. The words alleged to be spoken by the defennant, were that the plaintiff had had criminal connexion with one Eunice Tousey and had assisted her in procuring an abortion. The declaration contained several counts in which the words were varied, but in all, the same charge was substantially set forth. In the introductory part of the declaration, the plaintiff stated that he was a true, honest, just and faithful citizen ; that he had never been guilty, and until…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
By statute, 2 R. S. 578, § 21, it is enacted that every person who shall administer to any pregnant woman any medicine, &c. or use or employ any instruments, &c. with intent thereby to procure the miscarriage of any such woman, unless the same be necessary to preserve life, or be by the advice of two physicians, shall, upon conviction, be punished by imprisonment, &c. See also p. 550, § 9, where the punishment is enhanced if the woman be quick with child, and there be an intent to kill the child.
The above act makes the simple attempt to procure the abortion of a…
2Cited by17 opinions
- Pollard v. LyonSupreme Court of the United States · 1876
- State v. MasonOregon Supreme Court · 1896
- Fenstermaker v. Tribune Publishing Co.Utah Supreme Court · 1895
- Burgwin v. BabcockIllinois Supreme Court · 1849
- Nolton v. MosesNew York Supreme Court · 1848
12 more not listed; retrieve them via the Exa API.