Nichols v. Packard
Supreme Court of Vermont
Trespass on the case for speaking slanderous words. The first count in the plaintiff’s declaration alleged that, before the speaking of the words charged, a certain store, belonging to the defendant, “had been burned and destroyed by fire,” and that the defendant, intending to cause it to be suspected that the plaintiff had been guilty of the crime of arson, spoke, “of and concerning the plaintiff, and of and concerning the burning of said store,” the words following, viz :…
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Trespass on the case for speaking slanderous words. The first count in the plaintiff’s declaration alleged that, before the speaking of the words charged, a certain store, belonging to the defendant, “had been burned and destroyed by fire,” and that the defendant, intending to cause it to be suspected that the plaintiff had been guilty of the crime of arson, spoke, “of and concerning the plaintiff, and of and concerning the burning of said store,” the words following, viz : “Nichols (meaning the plaintiff) burnt it, (meaning the said store) and he (meaning the plaintiff) knew it, and I…
1Opinion of the Court
The opinion of the court was delivered by
Bennett J.
This case comes before this court upon a motion in arrest for the insufficiency of the declaration. The objection is, that it is not alleged in the declaration, that the colloquium had was of and concerning the burning of the store feloniously, wickedly and wilfully; and it is hence inferred by the counsel that the inuendo, which is merely the mode of introducing an explanation of the sense in which the words were used, extends their meaning.
It is clear that it is not the office of an inuendo to extend, but simply to explain. Where words are…
2Cases cited1 opinion
- Goodrich v. WoolcottNew York Supreme Court · 1824
3Cited by5 opinions
- Emig v. DaumIndiana Court of Appeals · 1891
- Clarke v. FitchCalifornia Supreme Court · 1871
- Schulze v. JalonickCourt of Appeals of Texas · 1896
- Sheridan v. SheridanSupreme Court of Vermont · 1886
- Tuttle v. BishopSupreme Court of Connecticut · 1861