Gazynski v. Colburn
Massachusetts Supreme Judicial Court
Slander. The declaration contained two counts; in each of which it was alleged that the defendant uttered certain defamatory words of and concerning the plaintiffs. After a general verdict for the plaintiffs in the court of common pleas, Wells, C. J. arrested judgment, because “ the plaintiffs were joined in the same suit for a joint slander upon both, and joint damages were demanded and given for the joint slander of both.” The plaintiffs excepted to such decision.
1Opinion of the CourtMetcalf, J.
The judgment in this case was rightly arrested. Each count in the declaration alleges that the defendant spoke certain words of and concerning the plaintiffs, by means of which they have been brought into public scandal *11and disgrace, and greatly injured in their good name. They have instituted a joint action for a tort that is several and not joint. Separate actions should have been brought; one by the husband alone, for the injury to him, and one by the husband and wife, for the injury to her. Smith v. Hobson, Style, 112; Broom on Parties, 237.
It has always been held that when words are…
2Cases cited2 opinions
- Ebersoll v. KrugSupreme Court of Pennsylvania · 1811
- Hart v. CrowIndiana Supreme Court · 1845