Legal Opinion

Shurtleff v. Parker

Massachusetts Supreme Judicial Court

Decided February 9, 1881PublishedCited by 19 opinions

Tort in several counts for slander and libel. The counts for slander alleged that the defendant falsely said that the plaintiff, a Congregational minister, was not connected with any association of ministers, and was sent away from societies, of which he had formerly been the pastor, without the usual recommendations.

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Tort in several counts for slander and libel. The counts for slander alleged that the defendant falsely said that the plaintiff, a Congregational minister, was not connected with any association of ministers, and was sent away from societies, of which he had formerly been the pastor, without the usual recommendations. The count for libel charged the defendant with publishing the following defamatory language concerning the plaintiff, by signing and sending the same on a postal card to the Rev. Dr. Stevens: “ Dear Brother: If you can, do stop this man from making more trouble in the churches.…

1Opinion of the CourtSoule, J.

We are of opinion that the judge who presided at the trial in the Superior Court erred in his rulings on some material points, as to which the exceptions must be sustained; and that a part of the rulings excepted to were correct.

1. The questions and answers in the deposition were properly excluded. They had no tendency except to show that, after the Avords complained of were spoken by the defendant, other persons repeated the statements which he made, and that they became the subject of discussion to a greater or less extent. There is nothing in the evidence to show that the defendant, when…

2Cases cited4 opinions

  1. Eames v. WhittakerMassachusetts Supreme Judicial Court · 1877
  2. Dale v. HarrisMassachusetts Supreme Judicial Court · 1872
  3. York v. JohnsonMassachusetts Supreme Judicial Court · 1875
  4. Hastings v. StetsonMassachusetts Supreme Judicial Court · 1879

3Cited by19 opinions

  1. Burt v. Advertiser Newspaper Co.Massachusetts Supreme Judicial Court · 1891
  2. Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
  3. Commonwealth v. FarrellMassachusetts Supreme Judicial Court · 1948
  4. Williams v. StateMississippi Supreme Court · 1896
  5. Elmer v. FessendenMassachusetts Supreme Judicial Court · 1890

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