Kidder v. Bacon
Supreme Court of Vermont
Case for slander. Plea, the general issue, with notice of special matter in justification of a part of the words charged. Trial by jury at the September Term, 1899, Washington County, Watson, J., presiding. Verdict and judgment thereon for the plaintiff. The defendant excepted. The declaration contained two counts. The notice filed by the defendant did not justify the gist of the charge.
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Case for slander. Plea, the general issue, with notice of special matter in justification of a part of the words charged. Trial by jury at the September Term, 1899, Washington County, Watson, J., presiding. Verdict and judgment thereon for the plaintiff. The defendant excepted. The declaration contained two counts. The notice filed by the defendant did not justify the gist of the charge. The plaintiff was, at the time of the alleged slander, a school teacher in the town of Brookfield, under a contract with the school directors of that town, which covered the then succeeding two terms of…
1Opinion of the CourtTyler, J.
1. As to the two occasions, — August 22 and 24, — on which the plaintiff relied as grounds of recovery: It was not material that both occasions were alleged in the declaration as August 22. As there were two'' counts there might have been a recovery upon each count. .The case falls within no exception to the rule that the precise time is not material and need not be proved as alleged. 1 Chit. PI. 258; Steph. PI. 295; 13 Ency. PI. & Pr. 60, 67. The variance between the pleading and proof was immaterial.
*2722. The court could not hold, without hearing the evidence, that the communication by the…
2Cases cited12 opinions
- State v. HowardSupreme Court of Vermont · 1859
- Earl v. TupperSupreme Court of Vermont · 1873
- Rea v. HarringtonSupreme Court of Vermont · 1885
- Nott v. StoddardSupreme Court of Vermont · 1865
- Brown v. BarnesMichigan Supreme Court · 1878
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc.Supreme Court of the United States · 1989
- Lent v. HuntoonSupreme Court of Vermont · 1983
- Rogers v. BigelowSupreme Court of Vermont · 1916
- Burch v. BernardSupreme Court of Minnesota · 1909
- Lancour v. Herald and Globe Ass'n.Supreme Court of Vermont · 1942
9 more not listed; retrieve them via the Exa API.