Cole v. Hall
Massachusetts Supreme Judicial Court
Tort for libel, in publishing in a newspaper an article charging the plaintiff, a Methodist minister, with abusing his wife generally,, and with whipping her. Answer: 1. A general denial. 2. That the alleged libel was true and was not published with malice.
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Tort for libel, in publishing in a newspaper an article charging the plaintiff, a Methodist minister, with abusing his wife generally,, and with whipping her. Answer: 1. A general denial. 2. That the alleged libel was true and was not published with malice. Trial hi the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: The plaintiff in rebuttal offered evidence tending to show that his wife had been at times insane and violent and dangerous; and that whatever force he had used upon her was restraining force to prevent her from doing injury. The…
1Opinion of the CourtGray, C. J.
The statutes of the Commonwealth authorize depositions to be taken by either party to a civil action, upon giving notice to the adverse party or his attorney of not less than twenty-four hours, with additional time at the rate of one day for every twenty miles’ travel. Gen. Sts. c. 181, §§ 17, 20-22. The manifest design of the Legislature is that the adverse party shall have opportunity to attend in person, or at least by his attorney duly instructed in the cause, to cross-examine the witnesses. It is inconsistent with the spirit and purpose of the statutes to allow one party without…
2Cases cited6 opinions
- Fant v. MillerSupreme Court of Virginia · 1867
- Wamesit Power Co. v. Lowell & Andover RailroadMassachusetts Supreme Judicial Court · 1881
- Hankinson v. LombardIllinois Supreme Court · 1861
- Dix v. AtkinsMassachusetts Supreme Judicial Court · 1879
- Kimpton v. GloverSupreme Court of Vermont · 1868
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3Cited by4 opinions
- Gillis v. First Nat. Bank of FrederickSupreme Court of Oklahoma · 1915
- Anderson v. SnyderSupreme Court of Connecticut · 1917
- Talty v. District of ColumbiaDistrict of Columbia Court of Appeals · 1902
- Squires v. CobbMassachusetts Supreme Judicial Court · 1936