Burbank v. Horn
Supreme Judicial Court of Maine
ON Exceptions from Nisi Prius, Rice, J., presiding. Action op Slander. The defendant filed a general demurrer to the writ and declaration. The presiding Judge ruled that the writ was insufficient, to which the plaintiff filed exceptions. in support of the demurrer.
1Opinion of the Court
The declaration and the objections sufficiently appear in the opinion of the Court, drawn up by
Tenney, J.
— The defendant filed a general demurrer to the declaration in the plaintiff’s writ, and in its support it is insisted that the material allegations therein are not well pleaded, and consequently are not admitted; and the plaintiff is not entitled to judgment.
It being alleged in all the counts that the words were spoken on days named, with a continuando, it is objected that the time is too indefinite to enable the defendant to prepare his defence.
The statement of the time of committing the…
2Cases cited1 opinion
- Benson v. SwiftMassachusetts Supreme Judicial Court · 1806
3Cited by2 opinions
- Niehoff v. SahagianSupreme Judicial Court of Maine · 1954
- Batten v. CoxSupreme Court of Kansas · 1925