Hastings v. Lusk
Court for the Trial of Impeachments and Correction of Errors
Erbor from the supreme court. Lusk sued Hasting iti an action of slander, for the speaking of words charging him with perjury, whilst testifying before a magistrate on an examination had before the magistrate on the return of a warrant issued against the defendant on the complaint of the plaintiff, that the defendant had threatened to shoot him, The defendant pleaded, 1. Non cul.; 2. That at the time of the speaking of the words he was conducting his defence, without…
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Erbor from the supreme court. Lusk sued Hasting iti an action of slander, for the speaking of words charging him with perjury, whilst testifying before a magistrate on an examination had before the magistrate on the return of a warrant issued against the defendant on the complaint of the plaintiff, that the defendant had threatened to shoot him, The defendant pleaded, 1. Non cul.; 2. That at the time of the speaking of the words he was conducting his defence, without counsel, to the charge made against him, and that the words spoken by him were pertinent to the examination ; 3. A plea…
1Opinion of the Court
After advisement, the following opinion was delivered :—
By the Chancellor.
The principle involved in this case is of great importance to the community, inasmuch as it involves the rights and privileges of counsel and of parties in the investigation of suits and other proceedings before our judicial tribunals ; and as I believe it is the first cause of the kind which has been brought before this court of dernier resort, and has been very fully and most ably argued here by the counsel upon both sides, I have considered it my duty to examine the law on the subject more fully than would be…
2Cases cited1 opinion
- Sleght v. KaneNew York Supreme Court · 1801
3Cited by55 opinions
- Youmans v. . SmithNew York Court of Appeals · 1897
- Willie D. White v. Richard Frank, Freeman Marshall, City of PoughkeepsieCourt of Appeals for the Second Circuit · 1988
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Bacon v. Michigan Central RailroadMichigan Supreme Court · 1887
- Klinck v. . ColbyNew York Court of Appeals · 1871
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