Huson v. Dale
Michigan Supreme Court
Error to Washtenaw Circuit. This was a action of slander brought by John P. Dale against Frederick Huson, in the Circuit Court for the County of Washtenaw. To the declaration, the defendant pleaded the general issue only; and on the trial offered evidence to rebut the presumption of malice and in mitigation of damages. The evidence was excluded, and after verdict and judgment for the plaintiff, the defendant brought the case into this court by writ of error.
1Opinion of the CourtChristianoy, J.
This was and action of slander brought by Dale against Huson in the Circuit Court for Washtenaw County.
The slanderous words alleged in the declaration were that defendant below had said of the plaintiff, “lie stole my horse,” also the following: “By. Green and John Dale,” *27(meaning one Byron Green and the plaintiff), " stole my horse.”
The defendant pleaded the general issue only, without notice of special matter. The speaking of the words, of and concerning the plaintiff, was proved; and the plaintiff rested.
The defendant, Huson, then offered in evidence under the general issue to rebut…
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