Stone v. Varney
Massachusetts Supreme Judicial Court
Trespass upon the case for a libel alleged to have been published by the defendant, in a newspaper, imputing to the plaintiff ‘ heartless cruelty towards his child.’ The defendant pleaded the general issue, (which was joined,) and filed the following specification of defence: “ If the plaintiff shall prove that the defendant ever printed or published the matter set forth in the plaintiff’s declaration, alleged to be libellous, the defendant will offer to prove, in…
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Trespass upon the case for a libel alleged to have been published by the defendant, in a newspaper, imputing to the plaintiff ‘ heartless cruelty towards his child.’ The defendant pleaded the general issue, (which was joined,) and filed the following specification of defence: “ If the plaintiff shall prove that the defendant ever printed or published the matter set forth in the plaintiff’s declaration, alleged to be libellous, the defendant will offer to prove, in justification, that the charges. contained in said alleged libel, are true.” Trial in the court of common pleas, before Warren,…
1Opinion of the CourtDewey, J.
The first question raised in this case is, whether
the defendant can, in an action of slander, under the general issue accompanied with a notice that the defendant will offe. evidence to establish the truth of the charge, in justification, give in evidence the general character of the plaintiff in mitigation of damages. This question is not new, but one that has often arisen, and been the subject of consideration. It was much discussed in the case of Foot v. Tracy, 1 Johns. 46, where it arose, however, under the single plea of the general issue, but was not decided; the members of the court,…
2Cases cited9 opinions
- Root v. King & VerplanckNew York Supreme Court · 1827
- Inman v. FosterNew York Supreme Court · 1832
- Larned v. BuffintonMassachusetts Supreme Judicial Court · 1807
- Foot v. TracyNew York Supreme Court · 1806
- Birchard v. BartletMassachusetts Supreme Judicial Court · 1817
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Corning v. DollmeyerAppellate Court of Illinois · 1905