Purple v. Horton
New York Supreme Court
This was an action of slander, tided at the Chenango circuit, in May, 1832, before the Hon. Robert Monell, one of the circuit judges. The plaintiff is a physician, and the words charged to have been spoken by the defendant are alleged to have been spoken of and concerning him, and of andconcerninghis character as a physician.
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This was an action of slander, tided at the Chenango circuit, in May, 1832, before the Hon. Robert Monell, one of the circuit judges. The plaintiff is a physician, and the words charged to have been spoken by the defendant are alleged to have been spoken of and concerning him, and of andconcerninghis character as a physician. The words were, that he had introduced the disease ofthe smallp ox into the town of Coventry,Has, town in which he resided, for the purpose of increasing his business, andhadKKecf the brother of the defendant by intentionally exposing him to the poisonous infection of…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The defendant moves for a new trial on the following grounds : 1. That improper persons were admitted to serve as jurors; 2, That there was a variance between the declaration and proof; 3. That proper evidence offered by the defendant was rejected by the judge; and 4. That the verdict is against law and evidence.
The objection to Grisioold and I/ull, as jurors, is the same, and it takes the broad ground that a master mason is incompetent to sit as a juror in a cause wherein one of the parties belongs to Confraternity of freemasons. The authority of Blackstone is…
2Cases cited1 opinion
- Gilman v. LowellNew York Supreme Court · 1832
3Cited by13 opinions
- Hart v. BurnettCalifornia Supreme Court · 1860
- Root v. King & VerplanckNew York Supreme Court · 1827
- Williams v. MinerSupreme Court of Connecticut · 1847
- Scott v. McKinnishSupreme Court of Alabama · 1849
- Bowen v. HallSupreme Court of Vermont · 1848
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