Larned v. Buffinton
Massachusetts Supreme Judicial Court
This was an action of the case for a malicious prosecution and for slander, pending in the county of Hampshire. The declaration contained seven counts.
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This was an action of the case for a malicious prosecution and for slander, pending in the county of Hampshire. The declaration contained seven counts. The first states that the defendant, maliciously, and without probable cause, sued out a writ of attachment against the plaintiff, and procured him to be arrested thereon, and imprisoned in the jail at Northampton forty-eight hours, until he procured bail; this count also states that the defendant had nc cause of action, and that the suit was ended and determined. The second count is for speaking these words of the plaintiff, “ He hath stolen…
1Opinion of the Court
The action was continued nisi, and now the Chief Justice, and the Judges Thatcher and Parker, being present, the following opinion of the Court was delivered by
Parsons, C. J.
This action is on the case for a malicious prosecution, and for defamatory words charging the plaintiff with stealing the defendant’s horses. The defendant pleaded the truth of the words in justification, and issue was joined on a traverse of this plea; and a verdict found for the plaintiff. •
The defendant moves for a new trial, because evidence, proper to mitigate the damages, was rejected by the judge; and [ * 551 ] *…
2Cases cited1 opinion
- Jackson v. StetsonMassachusetts Supreme Judicial Court · 1818
3Cited by30 opinions
- King v. RootCourt for the Trial of Impeachments and Correction of Errors · 1829
- Root v. King & VerplanckNew York Supreme Court · 1827
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Gilman v. LowellNew York Supreme Court · 1832
- Bennett v. HydeSupreme Court of Connecticut · 1825
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