HALE, C.J.
In this action of tort the plaintiff's declaration is in three counts, one each for malicious prosecution, libel, and slander. The libel count was waived in open court during the first trial of this case. The case was first tried before a Superior Court judge and jury and resulted in verdicts for the plaintiff on the counts for malicious prosecution and for slander. The Supreme Judicial Court, in sustaining the defendant's exceptions, ruled that the trial...
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