Folsom v. Brawn
Superior Court of New Hampshire
Case for slander. The declaration alleged that a certain trial at law was had between Brawn, the defendant, and one Samuel Prescott, at Ossipee, in the county of Carroll, on the second Tuesday of November, 1846, on which trial Leonard S. Folsom, the plaintiff in this suit, was a witness for Prescott; and that afterwards Brawn, the defendant, charged Folsom with having committed perjury in his testimony given upon that trial.
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Case for slander. The declaration alleged that a certain trial at law was had between Brawn, the defendant, and one Samuel Prescott, at Ossipee, in the county of Carroll, on the second Tuesday of November, 1846, on which trial Leonard S. Folsom, the plaintiff in this suit, was a witness for Prescott; and that afterwards Brawn, the defendant, charged Folsom with having committed perjury in his testimony given upon that trial. The defendant pleaded the general issue and filed therewith a brief statement as follows: “ The plaintiff will take notice that the défendant, on the trial of the above…
1Opinion of the CourtEastman, J.
We have had some hesitancy in regard to tbe effect which should be given to the brief statement which was filed in this case, but the result of our consultation is that it must be held defective. A brief statement is a substitute for a special plea, and where it purports to give notice of matter which is a full answer to the plaintiff’s declaration, it should contain all the substantial elements of a *121special plea. Precision and exactness are not necessary, but substance is essential.
When a defendant in an action of slander, justifies by his plea the speaking of the words charged, he must do…
2Cases cited3 opinions
- Atwood v. WeltonSupreme Court of Connecticut · 1828
- Tyler v. StevensSuperior Court of New Hampshire · 1827
- Matthews v. HuntleySuperior Court of New Hampshire · 1838
3Cited by3 opinions
- Caldwell v. YeatmanSupreme Court of New Hampshire · 1940
- Blodgett v. ParkSupreme Court of New Hampshire · 1912
- Piper v. Boston & Maine RailroadSupreme Court of New Hampshire · 1909