Reports of Cases Argued and Determined in the Supreme Court of Rhode Island Volume 5
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...brought his exceptions to the above rulings and charge to this court for decision, on the ground that the same were erroneous. Sheflield, for the defendant. Van Zandt, for the plaintiff. AMEs, C. J. Had the declaration assigned a period of time as that, during which, by continuation, "on divers days and times," the slanderous words were uttered, as the first exception of the plaintiff seems to suppose that it does, it would, nevertheless, have been competent for the plaintiff, waiving his right to recover on a single count for repetitions of the slander, to prove one speaking of the words anterior to the first day laid, Gould on Pleading, ch. 3, 94, 96; 1 Chitty on Pleading, 393, 394, and cases cited. If it be a case in which the laying with a contimumdo is improper, and the defendant, instead of demurring specially for that cause, pleads to the action, the plaintiff may prove the uttering of the words on any one day prior to the date of his writ, as if he had not inserted the useless and im proper words. Ib. In the case at bar, however, the uttering of the words is not laid with a continuondo, nor are its repetitions assigned to a particular period of time between a day certain and the purchase or date of the plaintifi"s writ; the declaration merely averring that the defendant uttered the slander "on the first day of November, A. D. 1856, and on divers other days and times before the purchase of the plaintifi's writ." This amounts to nothing more than the laying of a day certain for the slander, as a proper formal allegation of time, and days uncertain for the repetitions of the slanders; which, however informal, cannot hinder the plaintiff from proving, under the general issue, the...
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- 13 Sep 2013
- Illustrations, black and white