Worthington v. Houghton
Massachusetts Supreme Judicial Court
Tort for libel. The declaration alleged that the plaintiff was engaged in a large and profitable business, buying and selling books in England, Canada and the United States, and importing books into the United States for sale, and had his regular and usual place of business at Montreal; that in September 1869 he shipped several cases of books, in the regular course of his business, from Montreal to Boston, without any purpose on his part to evade or defraud the revenue laws…
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Tort for libel. The declaration alleged that the plaintiff was engaged in a large and profitable business, buying and selling books in England, Canada and the United States, and importing books into the United States for sale, and had his regular and usual place of business at Montreal; that in September 1869 he shipped several cases of books, in the regular course of his business, from Montreal to Boston, without any purpose on his part to evade or defraud the revenue laws of the United States, but intending to use the books as samples of the books which he then had for sale and desired to…
1Opinion of the CourtMorton, J.
Our statutes require that a demurrer shall specifically point out the particular in which the alleged defect consists. Gen. Sts. e. 129, §§ 11,12. Formal errors or defects which are not specifically assigned as causes of demurrer must be deemed to be waived. Clay v. Brigham, 8 Gray, 161. Whittemore v. Ware, 101 Mass. 352. In the case at bar the defendants assign as the only cause of demurrer, that the declaration “ does not set forth anything which is by its natural import libellous or which furnishes legal ground for an action for libel, or is actionable on any ground.” Under this demurrer…
2Cases cited2 opinions
- Chenery v. GoodrichMassachusetts Supreme Judicial Court · 1867
- Whittemore v. WareMassachusetts Supreme Judicial Court · 1869
3Cited by2 opinions
- Carter v. BurgessMassachusetts Supreme Judicial Court · 1948
- Smith v. MiltonMassachusetts Supreme Judicial Court · 1882