Stanfield v. Boyer
Court of Appeals of Maryland
Appeal from Baltimore county court. This was art action of slander. It is deemed unnecessary to state the slanderous words stated in the declaration. They charged the plaintiff, (who was án unmarried woman,) with fornication. The words proved were only such from which the fornication might have been inferred tin the defendant's prayer, the court, \_Hanson, A. J.] refused to direct thé jury, that the plaintiff was not entitledto recover.
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Appeal from Baltimore county court. This was art action of slander. It is deemed unnecessary to state the slanderous words stated in the declaration. They charged the plaintiff, (who was án unmarried woman,) with fornication. The words proved were only such from which the fornication might have been inferred tin the defendant's prayer, the court, \_Hanson, A. J.] refused to direct thé jury, that the plaintiff was not entitledto recover. The defendant excepted; and the verdict and judgment being against him, he appealed to this court.
1Opinion of the Court
The opinion of the court was delivered by
Martin, J.
Two objections have been made to the judgment of the court below in this case, both of which, we think, are sustained upon established principles of law. The words, as proved by the witnesses, are not in them» selves actionable, and if they were actionable, the variance between them and those laid in the declaration, is fatal.
We do not think it necessary to enter into a minute explanation of this case. The judgment of Baltimore county court is reversed, with costs to the appellant.
JUDGMENT reversed.
2Cited by3 opinions
- Wagaman v. ByersCourt of Appeals of Maryland · 1861
- Griffin v. MooreCourt of Appeals of Maryland · 1875
- Hemming v. ElliottCourt of Appeals of Maryland · 1886