Fitzgerald v. Robinson
Massachusetts Supreme Judicial Court
Tort. The plaintiff’s declaration was as follows: “And the plaintiff says that he for many years now last past has been a member of the Roman Catholic Church, in good and regular standing; that hitherto, and before the committing of the several grievances by the said defendant, hereinafter mentioned, he was always reputed, esteemed and accepted by and among the members of said church, as a worthy and upright member thereof ; that hitherto, and before the committing of the…
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Tort. The plaintiff’s declaration was as follows: “And the plaintiff says that he for many years now last past has been a member of the Roman Catholic Church, in good and regular standing; that hitherto, and before the committing of the several grievances by the said defendant, hereinafter mentioned, he was always reputed, esteemed and accepted by and among the members of said church, as a worthy and upright member thereof ; that hitherto, and before the committing of the grievances, hereinafter to be mentioned, by the said defendant, he had faith fully conformed to the precepts, rules and…
1Opinion of the CourtAmes, J.
The words complained of in the first count of the declaration are not slanderous in themselves, and are not made so by any averments that they were spoken of the plaintiff’s trade or business. However indecent or profane they may appear as set forth, they do not impart a defamatory charge. There is nothing in the declaration to show that if the plaintiff did bring the defendant into court, even to his shame and scandal, he was guilty of any crime, or did anything wrong, in so doing. It does not appear whether the defendant meant to be understood, in using the language imputed to him, that he…
2Cases cited3 opinions
- Bouldin v. AlexanderSupreme Court of the United States · 1872
- Shannon v. FrostCourt of Appeals of Kentucky · 1842
- Gregg v. Massachusetts Medical SocietyMassachusetts Supreme Judicial Court · 1872
3Cited by21 opinions
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Morasse v. BrochuMassachusetts Supreme Judicial Court · 1890
- Lynch v. LyonsMassachusetts Supreme Judicial Court · 1939
- Hassett v. CarrollSupreme Court of Connecticut · 1911
- Moustakis v. Hellenic Orthodox SocietyMassachusetts Supreme Judicial Court · 1928
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