Bryan v. Gurr
Supreme Court of Georgia
Slander, from Houston county. Tried before Judge Lamar, at September Term, 1858. This was an action for slander, brought by Samuel Gurr against Seaborn C. Bryan.
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Slander, from Houston county. Tried before Judge Lamar, at September Term, 1858. This was an action for slander, brought by Samuel Gurr against Seaborn C. Bryan. The slanderous words alleged to to have been spoken by the defendant, were, that plaintiff had sworn falsely in a certain suit, which had been tried in Houston Superior Court, at April Term, 1853, wherein Hughes Walton, administrator of Joseph Nunery was plaintiff, and the said Seaborn C. Bryan was defendant, being an action of trover for certain negroes. The defendant pleaded: 1st. The general issue, not guilty. 2d. That the words…
1Opinion of the Court
By the Court.
Lumpkin J.
delivering the opinion.
For myself, I find no great fault with the special plea and the charge asked on it. It might have been better worded perhaps,so as to have set forth truly the facts on which the defendant relies. Admitting the speaking of the words, which is not denied, the defendant should have set forth in his plea, that being present in Court, when the plaintiff was examined as a witness in the case of-----he understood him to say, as did Bailey, Humphries, Giles, Hall, and others, that he, the defendant, had requested him, witness, to tell Fuller to move off…
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