Legal Opinion

Hastings v. Stetson

Massachusetts Supreme Judicial Court

Decided January 6, 1881PublishedCited by 20 opinions

Tort in five counts, for slander, in accusing the plaintiff oi the crimes of adultery and fornication. Answer, a general denial. After the former decision, reported 126 Mass. 329, the case was tried in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions in substance as follows: The evidence was conflicting as to whether the alleged slan derous words were spoken or not.

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Tort in five counts, for slander, in accusing the plaintiff oi the crimes of adultery and fornication. Answer, a general denial. After the former decision, reported 126 Mass. 329, the case was tried in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions in substance as follows: The evidence was conflicting as to whether the alleged slan derous words were spoken or not. One of the jurors at the former trial was called by the plaintiff, for the purpose of show ing liability and the truth of the allegations of the plaintiff’s declaration, and was permitted, against the…

1Opinion of the CourtAmes, J.

As the evidence upon the question whether the defamatory words imputed to the defendant had in fact been uttered by him was conflicting, his deportment and conduct at the former trial of the case may have become proper matters of consideration. It was decided in Egan v. Bowker, 5 Allen, 449, that evidence that a party to a suit had suborned a witness, • under an assumed and false name, to give a deposition in his favor, was admissible and competent, as having a tendency to prove that the cause of action or ground of defence relied upon by that party was false and dishonest. The jury may…

2Cited by20 opinions

  1. Burt v. Advertiser Newspaper Co.Massachusetts Supreme Judicial Court · 1891
  2. Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
  3. Boyle v. Columbian Fire Proofing Co.Massachusetts Supreme Judicial Court · 1902
  4. Sharratt v. Housing Innovations, Inc.Massachusetts Supreme Judicial Court · 1974
  5. Shafir v. SteeleMassachusetts Supreme Judicial Court · 2000

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