Cole v. Babcock
Supreme Judicial Court of Maine
Ok EXCEPTIONS from superior court. Action of slander. On the third day of the return term the defendant filed a demurrer to the plaintiff’s declaration. The court overruled the demurrer pro forma and to this ruling the defendant alleged exceptions. The opinion states the material facts.
1Opinion of the CourtFoster, J.
Action on the case to recover damages for alleged slanderous words which the plaintiff claims were spoken of and concerning himself. The case comes before the court on demurrer to the declaration which contains three counts, in each of which the words are alleged to have been uttered "about the first of April, 1884.”
In neither count has the plaintiff definitely set out the time when the alleged words were uttered. There is not that certainty as to time, which the fundamental rules of pleading require to be alleged in reference to traversable facts. "In personal actions, the pleadings must…
2Cited by3 opinions
- Weir v. Brotherhood of Railroad TrainmenSupreme Court of Alabama · 1929
- Gordon v. Journal Publishing Co.Supreme Court of Vermont · 1908
- Dominelli v. MarkowskiSuperior Court of Delaware · 1925