Jackson v. Stetson
Massachusetts Supreme Judicial Court
This was an action, on the case for slander. The words were alleged to have been spoken by the defendant, Sally Stetson. The defendants made three pleas. First, the general issue, which was joined.
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This was an action, on the case for slander. The words were alleged to have been spoken by the defendant, Sally Stetson. The defendants made three pleas. First, the general issue, which was joined. Secondly, that the defendant, Sally S., had previously heard the story from one E. D. C., wherefore she spoke the words set forth in the declaration, at the same time mentioning that she had heard them from the said E. D. C. Thirdly, that the charge or imputation on the plaintiff, contained in the words in question, was true; for which cause, she spoke the words set forth in the declaration. To the…
1Opinion of the CourtJackson, J.
The two ques-*53lions which have been argued upon the report in this case, are, l. Whether the confessions of the defendants, contained in the second or third pleas, ought to have been received as evidence on the trial of the general issue; and, 2. Whether, after the jury had found that, the words uttered by the defendant were untrue, they ought to have considered the persisting in the charge by the defendants, after the commencement of the action, and the repetition of it on the record, with an averment of its truth, as sufficient proof of the malice necessary to maintain the action.
It is…
2Cited by24 opinions
- Root v. King & VerplanckNew York Supreme Court · 1827
- Butler v. KaulbackSupreme Court of Kansas · 1871
- Larned v. BuffintonMassachusetts Supreme Judicial Court · 1807
- Howard v. ThompsonNew York Supreme Court · 1839
- Davis v. StarrettSupreme Judicial Court of Maine · 1903
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