Legal Opinion

Kirkaldie v. Paige

Supreme Court of Vermont

Decided January 15, 1845PublishedCited by 3 opinions

Trespass on the case for speaking slanderous words. Plea, the general issue, and trial by jury. The declaration consisted of two counts, in the first of which the plaintiff alleged that the defendant had spoken words imputing to the plaintiff the crime of perjury, and, in the second, words imputing to him the crime of theft..' On trial, the plaintiff introduced two witnesses, both of whom testified to the speaking, by the defendant, of the words charged in the first count of…

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Trespass on the case for speaking slanderous words. Plea, the general issue, and trial by jury. The declaration consisted of two counts, in the first of which the plaintiff alleged that the defendant had spoken words imputing to the plaintiff the crime of perjury, and, in the second, words imputing to him the crime of theft..' On trial, the plaintiff introduced two witnesses, both of whom testified to the speaking, by the defendant, of the words charged in the first count of the declaration, and one of them testified to the speaking, by the defendant, of the words charged in the second count.…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

The slanderous words in the first count charge the plaintiff with the crime of perjury, and those in the second with the crime of theft. On the trial it seems testimony was given tending to prove both counts, but the plaintiff was permitted to abandon his first count, and the court directed the jury to lay that count, and all the evidence relating to it, out of their consideration. This is now claimed as matter of exception; but we do not think that there was any error in the proceedings of the county court in this particular. The rule of…

2Cases cited2 opinions

  1. The PizarroSupreme Court of the United States · 1817
  2. Downer v. BowenSupreme Court of Vermont · 1840

3Cited by3 opinions

  1. Eacock v. StateIndiana Supreme Court · 1907
  2. State v. RozumNorth Dakota Supreme Court · 1899
  3. Carpenter v. WilleySupreme Court of Vermont · 1892

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