Legal Opinion

Tuttle v. Bishop

Supreme Court of Connecticut

Decided April 15, 1861PublishedCited by 5 opinions

Writ of error from a judgment of the superior court in an action of slander, brought by the defendant in the action, assigning as error the insufficiency of the declaration.

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Writ of error from a judgment of the superior court in an action of slander, brought by the defendant in the action, assigning as error the insufficiency of the declaration. The material parts of the declaration were as follows;— “ That the plaintiff has always sustained a good moral character among his neighbors and has never been guilty of the crime of arson; that on the 18th day of September, 1859, the defendant, and certain other persons associated with him as partners, under the name of Shelton, Tuttle & Co., were the owners of a certain manufactory used for the manufacture of carriages,…

1Opinion of the CourtSanford, J.

The offense which the plaintiff claims the defendant imputed to him by the words laid in the declaration, is the one made punishable by statute. Rev. Stat., title 6, sec. 35. That statute provides that “ every person who shall willfully burn any ship or other vessel, any office, store, shop, warehouse, mill, distillery, brewery or manufactory,” Ac., “ the same being the property of another, shall suffer imprisonment,” &c.

TÍie defendant contends that the words laid in the declaration do not per se impute to the plaintiff any offense, and that there are in the declaration no sufficient…

2Cases cited5 opinions

  1. Gilman v. LowellNew York Supreme Court · 1832
  2. Case v. BuckleyNew York Supreme Court · 1836
  3. M'Claughry v. WetmoreNew York Supreme Court · 1810
  4. Nichols v. PackardSupreme Court of Vermont · 1844
  5. Wood v. CottSupreme Court of Vermont · 1841

3Cited by5 opinions

  1. Sharkey v. SkiltonSupreme Court of Connecticut · 1910
  2. Ventresca v. KissnerSupreme Court of Connecticut · 1927
  3. Terry v. HubbellConnecticut Superior Court · 1960
  4. Greer v. WhiteSupreme Court of Arkansas · 1909
  5. Keller v. DeanAppellate Division of the Supreme Court of the State of New York · 1900

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