Stafford v. Green
New York Supreme Court
Foot moved in arrest of judgment in this cause, which was an action of slander. There were several counts in the declaration, in one of which, the words charged were, “ He swore false before Squire Andrews, and I can prove itP There was no colloquium stated, but a mere innuendo, 1 that it was in- a certain cause depending before a justice, &c.
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Foot moved in arrest of judgment in this cause, which was an action of slander. There were several counts in the declaration, in one of which, the words charged were, “ He swore false before Squire Andrews, and I can prove itP There was no colloquium stated, but a mere innuendo, 1 that it was in- a certain cause depending before a justice, &c. There was a general verdict for the plaintiff", and it was objected, that the above words did not amount to á charge of perjury, which consisted in swearing falsely in a matter material to an issue, of point in question before some court. A person might…
1Per curiam
The count in question is certainly bad ; but as it appears from the judge’s certificate that the evidence did not particularly apply to that count, we are of •opinion, that the judgment ought not to be arrested, but that the plaintiff have leave to enter up his judgment on the good counts-, on payment of costs.*
Motion denied»
Douglas, 377. Eddoes v. Hopkins.
2Cited by6 opinions
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- Horn v. FosterSupreme Court of Arkansas · 1858
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