¶1Judgment — Motion in arrest insufficient; if there is any set of words laid in the declaration, which are actionable, the plaintiff hath right to recover, and the court will presume the jury have done right in the assessment of damages. Besides upon the whole view of the case it appears that the plaintiff has a good cause of action: further the defendant might have demurred to the insufficient sets of words, and put the question to the court.
1 Root 346
Lewis v. Niles
Decided December 15, 1791
Supreme Court of Connecticut · decided 1791-12-15
<p>In an action of slander, evidence that there was such a report before the defendant spoke the words, not admissible. No cause of arrest that some of the words laid, are not actionable.</p>
Decided 1791-12-15