Dunham v. Powers
Supreme Court of Vermont
Action on the case for speaking slanderous 'words. Plea, the general issue. Trial by jury, April term, 1868, Barrett, J., presiding.
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Action on the case for speaking slanderous 'words. Plea, the general issue. Trial by jury, April term, 1868, Barrett, J., presiding. Upon tbe trial the plaintiff introduced testimony tending to show that, in tbe year 1866, tbe plaintiff brought a suit against one Carpenter, to recover tbe value of a valuable swine alleged to have been killed by bis carelessness, returnable before^'a justice of tbe peace : that there was a trial by jury and that tbe defendant was one of tbe jurors; that upon the trial of that cause and after it bad been submitted to the jurors, and-while the jurors bad the…
1Opinion of the Court
The opinion of the court was delivered by
Prout, J.
The jury having returned a general ■ verdict in this case, the judgment should have been arrested by the county court, as the slanderous words set forth in the second count of the declaration, (saying nothing of the first,) do not warrant the inuendoes explanatory of their sense and meaning. These words, which it is alleged were spoken by the defendant with the intent to cause it to be suspected that the plaintiff had been guilty of the crime of perjury, imply and point to a different species of fraud; and that is, to a deceit, by means of…
2Cases cited4 opinions
- Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
- Mower v. WatsonSupreme Court of Vermont · 1839
- Small v. MottCourt for the Trial of Impeachments and Correction of Errors · 1839
- Harris v. HuntingtonSupreme Court of Vermont · 1802
3Cited by10 opinions
- Mundy v. McDonaldMichigan Supreme Court · 1921
- Baker v. Sherman & MillerSupreme Court of Vermont · 1901
- Posnett v. MarbleSupreme Court of Vermont · 1890
- Hart v. BaxterMichigan Supreme Court · 1881
- Bernadine Kent v. Ohio House of RepresentativesCourt of Appeals for the Sixth Circuit · 2022
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