Fowle v. Robbins
Massachusetts Supreme Judicial Court
Case for slander. The declaration contained several counts, the first of which, after alleging the plaintiff’s good name, &c., and the defendant’s knowledge thereof, &c., recites that “ one John Fowle had been arrested upon a certain warrant, issued at the request and upon the complaint of the said- Robbins, by Abraham Bigelow, Esquire, of Cambridge, in the county of Middlesex, a justice of the peace for the same county, duly authorized, qualified, and empowered to grant and…
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Case for slander. The declaration contained several counts, the first of which, after alleging the plaintiff’s good name, &c., and the defendant’s knowledge thereof, &c., recites that “ one John Fowle had been arrested upon a certain warrant, issued at the request and upon the complaint of the said- Robbins, by Abraham Bigelow, Esquire, of Cambridge, in the county of Middlesex, a justice of the peace for the same county, duly authorized, qualified, and empowered to grant and issue the same, which said warrant was made [*499] returnable *into the court of the said justice, and by which warrant…
1Opinion of the CourtJackson, J.
The motion in arrest of is founded on the want of an averment that the conversation, in which the slander was uttered, was “ of and concerning the trial, mentioned by way of inducement in the declaration, and of and concerning the testimony which the plaintiff gave at the trial ; and the cases cited [*500] in the argument for the defendant * very fully maintain this point.(1) Where the words spoken are in themselves actionable, or do necessarily import a charge of some crime, there is no need of stating the manner or occasion of speaking them ; as if, *435in the present case, the defendant had said…
2Cases cited6 opinions
- Chapman v. SmithNew York Supreme Court · 1816
- Crookshank v. GrayNew York Supreme Court · 1823
- Vaughan v. HavensNew York Supreme Court · 1811
- Stafford v. GreenNew York Supreme Court · 1806
- Martin v. MellonCourt of Appeals of Kentucky · 1815
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Montgomery v. DeeleyWisconsin Supreme Court · 1854
- Houston v. BlakeSupreme Court of New Hampshire · 1861
- Stanley v. BritTennessee Supreme Court · 1827
- Stanley v. BritTennessee Supreme Court · 1827
- Stanley v. BritTennessee Supreme Court · 1827