Brace v. Brink

Marston, J:

We think the court erred in excluding the evidence offered by plaintiff in this case. The slander alleged consisted in the defendant saying of the plaintiff: “You have been indicted before the grand jury for false swearing.” “You swore false and I can prove it.” “Brace has been indicted before the grand jury for false swearing.” There were other allegations in the declaration, and the plaintiff proposed on the trial, and “offered to prove each and every allegation in his declaration contained,” but the court excluded the testimony. The only question in the case is, are the words…