Hawks v. Patton
Supreme Court of Georgia
Case for words, in Oglethorpe Superior Court. Tried before Judge Andrews, October Term, 1854. This was an action brought by Patton against Hawks, for slander, under the Statutory form, upon the following words: “ Matthew J. Patton forged a promissory note on Isaac Sterling,'’and traded it to me.”
Read the full summary
Case for words, in Oglethorpe Superior Court. Tried before Judge Andrews, October Term, 1854. This was an action brought by Patton against Hawks, for slander, under the Statutory form, upon the following words: “ Matthew J. Patton forged a promissory note on Isaac Sterling,'’and traded it to me.” Upon the trial, plaintiff proved by a witness that “ ho heard Hawks say to Everett, Gooldsby is no worse than some of his kin, (referring to plaintiff.) Patton sold him a note on Isaac Sterling, and that he presented it and the maker denied it; that he spoke to Patton about it, and he was going to…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] The general rule is well settled, that a witness must estate facts, and not his inferences from them. And where conversations to which he has listened are proper evidence, he must state the words used, as near as ho can recollect them, and leave the Court and Jury to determine the accurate meaning and signification of these words unless, indeed, they be technical words, or terms of art. But in cases of libel and slander, something of an exception seems to have been .made to this rule ; and as the injury done depends upon the effect which the…
2Cited by5 opinions
- Frederick H. Hope v. Hearst Consolidated Publications, Inc., the Hearst Corporation and Igor CassiniCourt of Appeals for the Second Circuit · 1961
- Proctor v. PointerSupreme Court of Georgia · 1906
- Western Union Telegraph Co. v. VickersCourt of Appeals of Georgia · 1944
- Jones v. BushSupreme Court of Georgia · 1908
- Frederick H. Hope v. Hearst Consolidated Publications, Inc., the Hearst Corporation and Igor CassiniCourt of Appeals for the Second Circuit · 1961