Ward v. Clark
New York Supreme Court
This cause came before the court, on a return to a , „ 7 ■ ,writ of error, directed to the court of common pleas, ol the county of Ontario. The defendant in. error brought his action of slander, against the plaintiff in error, -in the court below. The declaration contained two counts. In the first, the words charged to have been spoken, are, “ }ie has sworn falsely ; Tie has taken a false oath agamsi . , . J V , ,, rni j 7 we m squire Jamison s court.
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This cause came before the court, on a return to a , „ 7 ■ ,writ of error, directed to the court of common pleas, ol the county of Ontario. The defendant in. error brought his action of slander, against the plaintiff in error, -in the court below. The declaration contained two counts. In the first, the words charged to have been spoken, are, “ }ie has sworn falsely ; Tie has taken a false oath agamsi . , . J V , ,, rni j 7 we m squire Jamison s court. The second count was. for “ falsely 'and maliciously charging and imposing on the plaintiff below, the crime of perjury.” There was a plea not…
1Opinion of the CourtTompkins, J.
delivered the opinion of the court.,'
The plaintiff in error, relies on the insufficiency of the declaration in the court1 below, for the reversal of the judgment rendered there.
*11Wo colloquium, or averment of special damages, is contained in the declaration. The words in the first count, then, are not actionable, unless they must necessarily be understood as conveying a charge of perjury-This is not to be collected fr.om them, because, it does not appear that. Jamison had any authority, to hold a. court known in law, or to act judicially, or to administer an oath, and therefore, a charge of…
2Cases cited1 opinion
- Hopkins v. BeedleNew York Supreme Court · 1803
3Cited by18 opinions
- Battersby v. CollierAppellate Division of the Supreme Court of the State of New York · 1898
- Byers v. Van DeusenNew York Supreme Court · 1830
- Phincle v. VaughanNew York Supreme Court · 1851
- Germ-Proof Filter Co. v. Pasteur-Chamberland Filter Co.New York Supreme Court · 1894
- Mishkin v. RoreckNew York Supreme Court · 1952
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