Royce v. Maloney
Supreme Court of Vermont
Action for libel. Heard on general demurrer to the declaration, September Term, 1885, Walker, J., presiding. Demurrer overruled, and declaration adjudged sufficient.
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Action for libel. Heard on general demurrer to the declaration, September Term, 1885, Walker, J., presiding. Demurrer overruled, and declaration adjudged sufficient. The declaration alleged, that the plaintiff was an honest citizen, etc., of good name, etc.; that the plaintiff in the year 1870, and biennially since the year 1870, down to the time of the committing by the defendants of the several grievances, was and. has been by the legislature of the State of Vermont duly elected one of the judges of the Supreme Court of the State of Vermont, and has * * * been one of the judges of the…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
The first objection to the first count is, that it does not allege that The Central Vermont Railroad Company had any cause or causes in which it was a party and in which the plaintiff sat as judge or chancellor or rendered any decision. It is true that there is no sufficient allegation that said company was a party of record to any of the suits alleged to have been pending; but such an allegation is not necessary. It is enough that said company was a party in interest to said' suits, and that is virtually alleged. It is somewhat doubtful…
2Cases cited1 opinion
- Freelove v. SmithSupreme Court of Vermont · 1837
3Cited by17 opinions
- State v. ScampiniSupreme Court of Vermont · 1904
- McKee v. CosbySupreme Court of the United States · 2019
- State v. SuttonSupreme Court of Vermont · 1901
- Scoville v. BrockSupreme Court of Vermont · 1904
- Ingram's Admrx. v. Rutland RailroadSupreme Court of Vermont · 1913
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