Legal Opinion

Cavanaugh v. Austin

Supreme Court of Vermont

Decided January 15, 1870PublishedCited by 8 opinions

Action on the case for libel and slander. Plea, general issue and notice of justification. Trial by jury, September term, 1868, Wilson, J., presiding.* It appears that the defendant was an inn-keeper at Milton, and had a ball there January 1st, 1867. The plaintiff came there with a lady, in a sleigh, having three buffalo robes and a new whip. There was a large number at the ball.

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Action on the case for libel and slander. Plea, general issue and notice of justification. Trial by jury, September term, 1868, Wilson, J., presiding.* It appears that the defendant was an inn-keeper at Milton, and had a ball there January 1st, 1867. The plaintiff came there with a lady, in a sleigh, having three buffalo robes and a new whip. There was a large number at the ball. The buffalo robes of all the guests were kept in a shop near the hotel. -About five o’clock the next morning the plaintiff called for his team, and went with the man who had charge of the buffalo robes to the shop,…

1Opinion of the Court

The opinion of the court was delivered by

Pierpoint, C. J.

The only question presented by the bill of exceptions, that we are called upon to decide, is as to the admissibility of the letter from the defendant to Dewey & Noble, for the purpose for which it was admitted. The letter was excluded by the court' as evidence tending to prove the allegations in the first count of the declaration, but was admitted as tending to show that the slanderous words, charged to have been spoken by the defendant, in the second and third counts, Avore uttered maliciously. Whether the letter Avas properly excluded…

2Cited by8 opinions

  1. Lancour v. Herald & Globe Ass'nSupreme Court of Vermont · 1941
  2. Henderson v. DreyfusNew Mexico Supreme Court · 1919
  3. Colbert v. Journal Publishing Co.New Mexico Supreme Court · 1914
  4. Hinkle v. DavenportSupreme Court of Iowa · 1874
  5. Kidder v. BaconSupreme Court of Vermont · 1902

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