CONDON, Justice.
This is an action of trespass on the case for libel and slander which was tried to a jury in the superior court and resulted in a verdict of guilty on the count in slander, and not guilty on the count in libel. Thereafter the defendant duly filed a motion for a new trial which was heard by the trial justice, but before a decision could be rendered he died. Thereupon another justice denied the motion pro forma and the defendant excepted to such decision...
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