Gates v. Bowker
Supreme Court of Vermont
Trespass on the Case for malicious prosecution and for a libel. The plaintiff, on trial, abandoned all the counts in his declaration except the first and fourth. Plea, the general issue and in bar, and trial by jury, — Redfield, J., presiding.
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Trespass on the Case for malicious prosecution and for a libel. The plaintiff, on trial, abandoned all the counts in his declaration except the first and fourth. Plea, the general issue and in bar, and trial by jury, — Redfield, J., presiding. The libel declared upon in the fourth count was in these words: — “ I understand that Geo. ‘ W. Gates, of Lunenburgh, Vermont, is owing you, and I take this ‘ course to let you know his situation at this time, wishing that ‘ every man may get his own. He is owing a great deal here and ‘ is sued for considerable; his property is all attached and…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
It appears, that the trial was had on the first and fourth counts in the declaration, all the others" being abandoned. These are in trespass on the case, the former for the institution of a groundless and malicious suit against the plaintiff, and the latter for a libel upon him in his character, or profession, of a merchant. No question is now made by the excepting party in relation to the first count. In reference to the fourth count several objections to the *26course of the trial are still urged. It is insisted, that the matter complained of…
2Cited by7 opinions
- Slack v. BraggSupreme Court of Vermont · 1910
- Weiss v. WhittemoreMichigan Supreme Court · 1873
- State v. FreemanSupreme Court of Vermont · 1891
- Newton v. BrownSupreme Court of Vermont · 1876
- Chadwick v. WigginSupreme Court of Vermont · 1922
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