Wilcox v. Moon
Supreme Court of Vermont
Action for libel of tbe plaintiff wife. Heard at tbe Decern - her term, 1889, Tyler, d., presiding, upon general demurrer to tbe declaration. Tbe demurrer was overruled and tbe defendant excepted.
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Action for libel of tbe plaintiff wife. Heard at tbe Decern - her term, 1889, Tyler, d., presiding, upon general demurrer to tbe declaration. Tbe demurrer was overruled and tbe defendant excepted. Tbe declaration was as follows : “ In a plea of trespass on the case for that heretofore and before the committing of the grievances hereinafter mentioned, she, the said plaintiff wife was duly joined in marriage to Silas E. Wilcox of said Bennington, who then was and ever since has been a physician and surgeon in tbe practice of bis profession at said Bennington and vicinity, and ever since her…
1Opinion of the Court
The opinion of the court was delivered by
MUNSON, J.
It is true that a communication to the plaintiff wife by a letter so transmitted as not to be seen by others would not be such a publication as would sustain an action. Town. Sland. §95, ,1 Am. Lead. Cas. 115. It is claimed in support of the demurrer that nothing but a communication to Mrs. Wilcox is alleged. It is said that the declaration merely avers that the defendant did “ compose and publish,” without stating the manner of publication; and that the form of the libelous matter shows that it was addressed to Mrs. Wilcox herself. But it…
2Cases cited5 opinions
- Sheridan v. SheridanSupreme Court of Vermont · 1886
- Hoar v. WardSupreme Court of Vermont · 1875
- Royce v. MaloneySupreme Court of Vermont · 1885
- Merritt v. DearthSupreme Court of Vermont · 1875
- Wilcox v. MoonSupreme Court of Vermont · 1889
3Cited by7 opinions
- Farr v. BramblettCalifornia Court of Appeal · 1955
- Talbot v. MackNevada Supreme Court · 1917
- Morgan v. BlackSupreme Court of Georgia · 1909
- Arnold v. LutzSupreme Court of Iowa · 1909
- Wilcox v. MoonSupreme Court of Vermont · 1892
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