McCallum v. Lambie
Massachusetts Supreme Judicial Court
Two ACTIONS OF TOUT. The declaration in the first case contained two counts. The first count was as follows: “ The plaintiff says the defendant falsely and maliciously accused the plaintiff of conspiring with Chauncey H. Pierce of said Northampton to defraud the neighbors and friends of said plaintiff and said Pierce, and the defendant caused said false and malicious libel to be published in a newspaper published in said Northampton, called the Hampshire County Journal, a…
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Two ACTIONS OF TOUT. The declaration in the first case contained two counts. The first count was as follows: “ The plaintiff says the defendant falsely and maliciously accused the plaintiff of conspiring with Chauncey H. Pierce of said Northampton to defraud the neighbors and friends of said plaintiff and said Pierce, and the defendant caused said false and malicious libel to be published in a newspaper published in said Northampton, called the Hampshire County Journal, a copy whereof is hereto annexed, viz.: ‘As to the Electric Light Company, I doubt not all are willing it should pay a fair…
1Opinion of the CourtKnowlton, J.
These two cases differ only in the kinds of business in which the plaintiffs are respectively alleged to have been engaged, and the opinion given in the first is equally applicable to the second.
The defendant contends that the only remedy for an erroneous ruling upon a demurrer is by appeal, and that the bill of exceptions should be dismissed. The usual and better practice is to bring to this court questions of law arising upon demurrers in the Superior Court by appeal, and not by exception. But by the Pub. Sts. e. 153, § 8, “ in all cases, civil and criminal, .... a party aggrieved by an…
2Cases cited5 opinions
- Brettun v. AnthonyMassachusetts Supreme Judicial Court · 1869
- York v. JohnsonMassachusetts Supreme Judicial Court · 1875
- Chenery v. GoodrichMassachusetts Supreme Judicial Court · 1867
- Cowley v. TrainMassachusetts Supreme Judicial Court · 1878
- Adams v. StoneMassachusetts Supreme Judicial Court · 1881
3Cited by23 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Brauer v. Globe Newspaper Co.Massachusetts Supreme Judicial Court · 1966
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- Sharratt v. Housing Innovations, Inc.Massachusetts Supreme Judicial Court · 1974
- Ingalls v. Hastings & Sons Publishing Co.Massachusetts Supreme Judicial Court · 1939
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