Torrey v. Field
Supreme Court of Vermont
The declaration in this case was for a libel, and contained five counts, the first of which, after alleging, in usual form, the good character of the plaintiff, was as follows; s.
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The declaration in this case was for a libel, and contained five counts, the first of which, after alleging, in usual form, the good character of the plaintiff, was as follows; s. And whereas, also, before the committing of the several í grievances by the said Roswell M. Field, in the several 4 counts herein after mentioned, to wit, on the 9th day of 4 December, in the year of our Lord seventeen hundred and ‘4 ninety eight, the said Susanna was lawfully joined in mar-4 riage with one Elisha Phelps, and from that time she lived 4 and cohabited with the said Elisha Phelps, as his lawful 4 wife,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
In this case, no question is made in regard to the sufficiency of the declaration. It seems to be admitted by the counsel for the defendant, that the matter, set forth in the declaration, as having been published by defendant, is in itself sufficiently libellous.
The defendant relies upon his pleas in bar, as being sufficient to justify the publication. These are ten in number. The county court rendered judgment for the defendant. If any one of his pleas is good, that judgment must be affirmed.
The pleas, after the fourth, are all manifestly…
2Cases cited2 opinions
- State Ex Rel. Bise v. Knox CountyTennessee Supreme Court · 1926
- Andrews v. VanduzerNew York Supreme Court · 1814
3Cited by30 opinions
- Willie D. White v. Richard Frank, Freeman Marshall, City of PoughkeepsieCourt of Appeals for the Second Circuit · 1988
- Johnson v. BrownWest Virginia Supreme Court · 1878
- Sweeney v. BakerWest Virginia Supreme Court · 1878
- Lancour v. Herald & Globe Ass'nSupreme Court of Vermont · 1941
- Hearne v. De YoungCalifornia Supreme Court · 1898
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