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16 Me. 14

Smith v. Wyman

Supreme Judicial Court of Maine

Decided June 15, 1839

Supreme Judicial Court of Maine · decided 1839-06-15

Exceptions from the Court of Common Pleas, Whitman C. J. presiding. The action was slander, for words alleged to have been spoken by the Wife of William Wyma?i of Clarissa Ratcliff, while sole, now tlic wife of Matthias Smith, the brother of Mrs. Wyman. The exceptions do not state what the pleadings were.

Cited by 1 later decisions — most recently December 1981

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1839-06-15

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¶1The case was continued for advisement, and the opinion of the Court was afterwards prepared by

Emery J.

¶2

¶3In this case, after the merits of the action of slander have been considered by a jury, with the utmost latitude of examination as to all subjects calculated to affect the character of one of the plaintiffs, from ten years of age, in qualifying the proof of malice and in mitigation of damages; exceptions are taken to the opinion of the court, that it was not every act of illicit intercourse on the part of a female which would authorize individuals to call her a whore. And that the attempt here to prove the truth of the words, if without success, might be regarded as evidence of express and continuing malice.

¶4We think that the Judge upon the facts reported was justified in the instructions given. And the exceptions should be overruled.

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