Deford v. Miller
Supreme Court of Pennsylvania
Error to the Common Pleas of Fayette county. This was an action on the case for a libel, in which Jacob B. Miller was plaintiff, and John H. Deford was defendant. An action was pending between Mitchell and Snyder in which an award Of arbitrators had been made, .which there was a motion to set aside, on the ground of the misconduct of one of the arbitrators.
Read the full summary
Error to the Common Pleas of Fayette county. This was an action on the case for a libel, in which Jacob B. Miller was plaintiff, and John H. Deford was defendant. An action was pending between Mitchell and Snyder in which an award Of arbitrators had been made, .which there was a motion to set aside, on the ground of the misconduct of one of the arbitrators. To establish the fact, upon which it was sought to set aside this award, the deposition of Jacob B. Miller was taken, and sworn to before the prothonotary. It was this deposition which the defendant referred to in the alleged libel which…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
Though no satisfactory reason is any where given, why words rnay be. actionable when written, which are not so when spoken, it seems to be established, that wherever the public may punish by indictment, the individual may have redress by action. If, however, the words here impute an actual perjury, the1 exception to the manner ip which they are laid, as not affording an independent ground of action for written slander, is superseded* Giving them, then, the effect of words spoken, and no more, the substantial part of the publication is .an…
2Cases cited1 opinion
- Eckart v. WilsonSupreme Court of Pennsylvania · 1823