Dodds v. Henry
Massachusetts Supreme Judicial Court
The declaration was in case for slander, and, after the usual allegations of the plaintiff’s good name, &c., sets forth that, in March, 1808, he was chosen town clerk of the town of Rutland, in this county, and duly sworn into office, and has ever conducted himself, in his said office, with integrity ; that, on the 6th day of March, he was engaged in the legal discharge of that office in a meeting of the inhabitants of said town, and, among other things, did faithfully and…
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The declaration was in case for slander, and, after the usual allegations of the plaintiff’s good name, &c., sets forth that, in March, 1808, he was chosen town clerk of the town of Rutland, in this county, and duly sworn into office, and has ever conducted himself, in his said office, with integrity ; that, on the 6th day of March, he was engaged in the legal discharge of that office in a meeting of the inhabitants of said town, and, among other things, did faithfully and impartially receive and assort the votes of said inhabitants for a moderator of said meeting, and did not partially or…
1Opinion of the Court
By the Court.
It has been argued that, in an action of this impression, some special damage must be alleged or proved, or the words must impute a crime. As the first of these was not attempted, it is contended that "the latter cannot apply, for that the words do not respect any conduct to which the plaintiff was bound in virtue of his office as town clerk. We have considered this last *239Doint, and are satisfied that, as it is the duty of the clerk to record the choice of a moderator, he cannot duly execute this duty unless he first sort and count the votes given in. It was, therefore,…
2Cited by4 opinions
- Commonwealth v. PrattMassachusetts Supreme Judicial Court · 1911
- Jewett v. TorreyMassachusetts Supreme Judicial Court · 1814
- Whittier v. SmithMassachusetts Supreme Judicial Court · 1814
- Keith v. HowardMassachusetts Supreme Judicial Court · 1836