Alderman v. French
Massachusetts Supreme Judicial Court
This was an action of slander brought against the defendant for charging the plaintiff with having committed adultery with one Almira Crossen. The declaration contained several counts. The defendant pleaded the general issue to the whole deulaia^0IL "^e a^so pleaded specially to the first count certain facts and circumstances which he alleged to be a bar, concluding that therefore he spoke the words in the first count mentioned.
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This was an action of slander brought against the defendant for charging the plaintiff with having committed adultery with one Almira Crossen. The declaration contained several counts. The defendant pleaded the general issue to the whole deulaia^0IL "^e a^so pleaded specially to the first count certain facts and circumstances which he alleged to be a bar, concluding that therefore he spoke the words in the first count mentioned. To this plea there was a demurrer, and at September term 1821, judgment was given upon the demurrer in favor of the plaintiff. At the trial in May term 1822, before…
1Opinion of the Court
The opinion of the Court was read by Wilde J. at May term 1823, as drawn up by
Jackson J.
The first question is, whether the defendant’s confession in his special plea to the first count ought to have neen received as evidence that he did speak the words therein set forth. This question has been decided in the affirmative *4by this Court, in the case of Jackson v. Stetson & ux. 15 Mass Rep. 48; but as that opinion has been questioned in a note t<t a work now in general use, (2 Phil. on Evidence, 96,) and as the Court of Common Pleas in England 'have recently advanced opinions which appear to…
2Cases cited7 opinions
- Larned v. BuffintonMassachusetts Supreme Judicial Court · 1807
- Mapes v. WeeksNew York Supreme Court · 1830
- Skinner v. PowersNew York Supreme Court · 1828
- Sevey v. BlacklinMassachusetts Supreme Judicial Court · 1807
- Wormouth v. CramerNew York Supreme Court · 1829
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People ex rel. McLane v. BondCalifornia Supreme Court · 1858
- Carroll v. StateSupreme Court of Arkansas · 1885