Sears v. Duling
Supreme Court of Vermont
Case for slander. Plea, the general issue. Trial by jury at the December Term, 1905, Windsor County, Miles, J., presiding. 'Verdict and judgment for the defendant. The plaintiff excepted.
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Case for slander. Plea, the general issue. Trial by jury at the December Term, 1905, Windsor County, Miles, J., presiding. 'Verdict and judgment for the defendant. The plaintiff excepted. In respect of the improper argument of defendant’s counsel, the exceptions state only that: “Neither side improved Woodruff as a witness but it appeared during the tidal that he lived within a few miles of the parties and that either side might have secured his attendance had they seen fit. t Mr. G. A. Davis, attorney for defendant, stated in argument to the jury, ‘Why is not Woodruff here?’ When an…
1Opinion of the CourtHaselton, J.
This was an action on the case for slander. A verdict was returned for the defendant and judgment was rendered thereon. The plaintiff excepted. Of the exceptions taken by the plaintiff only two- are relied on. To1 the charge of the court as to- malice the plaintiff excepted, but only on a ground which assumed that the defendant had admitted that he did not believe the words spoken. But it does not appear that he had made such an admission. It does appear from the exceptions that he testified that he had no knowledge of the matter and that he was told the story by one Woodruff, but it nowhere…
2Cases cited14 opinions
- James Smith Woolen Machine Co. v. HoldenSupreme Court of Vermont · 1901
- Kilpatrick v. Grand Trunk Railway Co.Supreme Court of Vermont · 1902
- Blaisdell & Barron v. DavisSupreme Court of Vermont · 1900
- Magoon v. Boston & Maine Rd.Supreme Court of Vermont · 1894
- State v. FitzgeraldSupreme Court of Vermont · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United States v. CotterCourt of Appeals for the Second Circuit · 1932
- Connolly v. Nicollet HotelSupreme Court of Minnesota · 1960
- In re DexterSupreme Court of Vermont · 1919
- Atkinson v. United Railways Co.Supreme Court of Missouri · 1921
- Brown v. StateMississippi Supreme Court · 1910
5 more not listed; retrieve them via the Exa API.