Chipman v. Cook
Supreme Court of Vermont
MOTION in arrest of judgment. _ This was an action for words. The plaintiff declared in two counts, and had a verdict for 182 , dollars and costs. The defendant filed the following motion: Darius Chipman v. John Cook.
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MOTION in arrest of judgment. _ This was an action for words. The plaintiff declared in two counts, and had a verdict for 182 , dollars and costs. The defendant filed the following motion: Darius Chipman v. John Cook. Rutland County, Supreme Court of Judicature, May adjourned term, A. D. 1803. Now the defendant in Court by himself, after verdict and before judgment, prays this Honourable Court that no judgment be rendered on the verdict of the jury in said cause, because he says, that the plaintiff’s declaration contained two counts; that the first count is in substance, that the defendant…
1Opinion of the Court
Opinion of the Court.
Curia.
The case is luce clarius, and the principles upon which it must be decided too well settled to require any reply on the part of the plaintiff necessary.
The motion in arrest of judgment is grounded on two exceptions to the verdict:
First. That a certain section of the defamatory words set forth in the first count in the plaintiff’s declaration, are not actionable.
Secondly. If not actionable, the Jury having found entire damages on this count, the verdict is vitious.
As to the first exception, the Court are clearly of opinion, that the words are actionable. The doctrine…
2Cited by1 opinion
- Haselton v. WeareSupreme Court of Vermont · 1836