Cass v. Anderson
Supreme Court of Vermont
Case for slander. The first count of the declaration set forth that the defendant on the 3d day of March, 1857, at Glover, in the county of Orleans, maliciously spoke the following false and defamatory words of and concerning the plaintiff and “ his testimony given as a witness at' Glover, before Amos P. Bean, Hezelriah S. Bickford and Samuel S. Blanchard, arbitrators who had before that time arbitrated and awarded between the plaintiff, David Cass and one Francis R.…
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Case for slander. The first count of the declaration set forth that the defendant on the 3d day of March, 1857, at Glover, in the county of Orleans, maliciously spoke the following false and defamatory words of and concerning the plaintiff and “ his testimony given as a witness at' Glover, before Amos P. Bean, Hezelriah S. Bickford and Samuel S. Blanchard, arbitrators who had before that time arbitrated and awarded between the plaintiff, David Cass and one Francis R. Floodthat is to say, : “ I, (meaning the defendant) was passing by Cass’, (meaning the plaintiff’s) house, town meeting day,…
1Opinion of the CourtAldis, J.
An important question arises in this case as to the meaning of the bill of exceptions. The bill states that the plaintiff proved that the plaintiff testified as a witness on the trial before the arbitrators, but gave no evidence that he was sworn as a witness except as the same is to be inferred from his having so testified. The defendant requested the court to charge the jury that the plaintiff could not recover without proving that he was duly sworn as a witness upon the trial. But the court charged that no further proof of his having been sworn was necessary. To this the defendant excepted.
2Cases cited2 opinions
- Gilman v. LowellNew York Supreme Court · 1832
- Sanderson v. HubbardSupreme Court of Vermont · 1842
3Cited by4 opinions
- Zeliff v. JenningsTexas Supreme Court · 1884
- Seller v. JenkinsIndiana Supreme Court · 1884
- Crawford v. KingIndiana Supreme Court · 1876
- Graeter v. HoganIndiana Court of Appeals · 1891