Wood v. Cott
Supreme Court of Vermont
This was an action on the case for slanderous words, in seven counts. The defendant pleaded not guilty, and a special plea in bar. The substance of the special' plea sufficiently appears from the opinion of the court. * Issues were joined to the country. After a general verdict for the plaintiff, in the county court, the defendant moved an arrest of judgment for the insufficiency of the declaration.
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This was an action on the case for slanderous words, in seven counts. The defendant pleaded not guilty, and a special plea in bar. The substance of the special' plea sufficiently appears from the opinion of the court. * Issues were joined to the country. After a general verdict for the plaintiff, in the county court, the defendant moved an arrest of judgment for the insufficiency of the declaration. The county court overruled the motion and rendered a judgment for the plaintiff, and the deféndant excepted to the decision. The first count in the declaration, is as follows:— “‘The said Hannibal…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
It is now too well settled to be again brought in question, that, where one of the counts in a declaration is defective, and the verdict general, judgment will be arrested. Haselton v. Weare, 8 Vt R. 480.
Lord Mansfield expressed regret, that such a rule had been established, Peake v. Oldham, 1 Cowper, 275. Grant v. Astle, Doug. 722; and in Connecticut and South Carolina, the courts have departed from the rule. Wolcott v. Coleman, 2 Conn. 324. Neal v. Lewis, 2 Bay, 204. In Virginia the legislature have interfered to abolish the rule. If the…
2Cases cited1 opinion
- Wolcott v. ColemanSupreme Court of Connecticut · 1817
3Cited by4 opinions
- Posnett v. MarbleSupreme Court of Vermont · 1890
- Tuttle v. BishopSupreme Court of Connecticut · 1861
- Hoyt v. SmithSupreme Court of Vermont · 1859
- State v. CroteauSupreme Court of Vermont · 1849