Ryan v. Madden
Supreme Court of Vermont
This was an action on the case, for slanderous words, in five counts. In the fourth count, the plaintiffs set forth the slanderous words complained of as having been spoken by the defendant, of and concerning the plaintiff, Nancy, as follows : viz. — “ I (meaning the said James Madden) have had criminal intercourse with her, — (meaning the said Nancy) since her marriage with the said John, (meaning the said John, one of the plaintiffs) more than a hundred, times,” &c., <•'…
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This was an action on the case, for slanderous words, in five counts. In the fourth count, the plaintiffs set forth the slanderous words complained of as having been spoken by the defendant, of and concerning the plaintiff, Nancy, as follows : viz. — “ I (meaning the said James Madden) have had criminal intercourse with her, — (meaning the said Nancy) since her marriage with the said John, (meaning the said John, one of the plaintiffs) more than a hundred, times,” &c., <•' meaning that the said Nancy had committed the crime of adultery with the said James Madden.”' ' The first, second and…
1Opinion of the Court
*55The opinion of the court was delivered by
Williams, Ch. J.
— This is an action of slander. The declaration consists of several counts, and, after a general verdict, there is a motion in arrest. It is to be observed, that there is no direct averment in tlje declaration, that Nancy Ryan either is, or was at the time of speaking the words alleged, the wife of John Ryan, the other plaintiff. In the description of the parties, the defendant is attached to answer to the plaintiffs, as husband and wife. Even if this could be considered as an averment, it could only apply to the time of issuing the…
2Cited by1 opinion
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