Public-domain · open source
OpenJurist

6 N.H. 289

Parsons v. Bellows

Superior Court of New Hampshire

Decided July 15, 1833

Superior Court of New Hampshire · decided 1833-07-15

This was an action on the case for slander. Among other counts there was one, in,which it was alleged that the defendant, in a certain discourse, which he had with divers persons, of and concerning the plaintiff, falsely and maliciously charged the plaintiff with the crime of theft, But the words uttered by the defendant were not, set out in this count.

Good law ✅— No negative treatment on recordhow we know

Decided 1833-07-15

How this case has been cited

Cited by 3 later decisions — most recently December 1903

3 state decisions

1018331840185018601870188018901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Richardson, C. J.

¶1delivered the opinion of the court.*

¶2A long series of well considered decisions seems to us to have settled the question, which this case presents. And in our opinion it must now be considered as a well established rule, that in a count for slander by words, the words themselves must be set out, and be set out, *292jf it be required to make them intelligible, with proper inuendoes and a 'sufficient explanation.

¶3It is true, there are found in the books, forms of general counts in slander, where the words are not set out, But if we except the ease of Nye v. Otis, 8 Mass. Rep. 122, no adjudged case is found in the books sustaining such a count. And in that case we find nothing stated which tends in any degree to show the propriety of sustaining such a count ; nor is there any attempt to reconcile that decision with the numerous cases found in the books, which seem to establish a different rule. It is there said that such a count is not prejudicial to the defendant. But down to the time of that decision it seems generally to have been supposed that it was of some importance to the defendant to know the certainty of the charge he veas to meet.

¶4We are of opinion, that as the verdict has been taken in this case on all the counts, and the general count is insufficient, the judgment must be arrested.

¶5Parker, 3. haying been of counsel did not sit.

/6/nh/289 · .json · Public domain