Batchelder v. Kinney
Supreme Court of Vermont
Action on the case, for slander. The declaration charged that the defendant, in the presence of others, accused the plaintiff of perjury. Plea, the general issue, and special pleas in bar, alleging, in justification, the truth of the words spoken. There was no replication to the pleas filed, but after they, were read it was said by counsel that the pleas were to be treated as traversed. Trial by jury, March term, 1871, Washington county, Peok, J., presiding.
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Action on the case, for slander. The declaration charged that the defendant, in the presence of others, accused the plaintiff of perjury. Plea, the general issue, and special pleas in bar, alleging, in justification, the truth of the words spoken. There was no replication to the pleas filed, but after they, were read it was said by counsel that the pleas were to be treated as traversed. Trial by jury, March term, 1871, Washington county, Peok, J., presiding. Verdict for the plaintiff. In the early stages of the trial, the question was alluded to as to the sufficiency of some of the pleas,…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The question put to the plaintiff, on cross examination, was in relation to the transaction constituting the purchase of the liquor that went into his hands to be officially sold by him, and which, according to his testimony before the justice, set forth in the 1st and 5th special pleas, was furnished to him by the selectmen. The fact of his having signed a note to the vendor for the price, might, unexplained, indicate that it was not so furnished, in the true meaning of the statute on that subject. The question, therefore, was in relation…
2Cases cited4 opinions
- Baxter v. Winooski Turnpike Co.Supreme Court of Vermont · 1849
- Dyer v. TiltonSupreme Court of Vermont · 1851
- French v. Estate of ThompsonSupreme Court of Vermont · 1834
- Amidon v. AikenSupreme Court of Vermont · 1856
3Cited by5 opinions
- Osborne v. Grand Trunk Railway Co.Supreme Court of Vermont · 1913
- Oakes v. BuckmanSupreme Court of Vermont · 1913
- State v. PerkinsSupreme Court of Vermont · 1914
- Bureau v. Hooker, Corser & Mitchell Co.Supreme Court of Vermont · 1911
- Wright v. BourdonSupreme Court of Vermont · 1878