Burtch v. Nickerson
New York Supreme Court
IX ERROR, to the Court of Common Pleas, of Putnam county. Nickerson brought an action of slander against Burtch J - - —- - ° - in the court below.
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IX ERROR, to the Court of Common Pleas, of Putnam county. Nickerson brought an action of slander against Burtch J - - —- - ° - in the court below. The declaration stated, that, at the time of publishing the slanderous words, the plaintiff' was, and long d carried on the business and and found and provided all - - 1 - before had been, a blacksmith, and carried on the business and trade of a blacksmith, honestly, and found and provided all , . ' / • j * .1 i such iron as was necessary, and required of him m the business aforesaid, and made correct charges, and has always kept honest and…
1Opinion of the CourtWoodworth, J.
The defendant in error contends, that the plaintiff in error is confined to the single point contained in the bill of exceptions. This, I apprehend, is incorrect; for when the record is made up, u special assignment of errors to the bill of exceptions is not required, but a general assignment is sufficient. (13 Johns. Rep. 475. Shepherd v. Merrit.) Consequently, the plaintiff in error may claim to have the judgment reversed, for matter apparent on the record, or bill of exceptions.
Before I consider whether the exceptions are well taken, it is proper to state, that no question can now arise on…
2Cited by5 opinions
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