Maybee v. Avery
New York Supreme Court
THIS was an action of slander, tried before Mr. Chief Justice Spencer, at the Albany circuit, in October, 1818. The words laid in the declaration, as spoken by the defendant of the plaintiff,, were : “ You are a thief.” You st0le my hens.” “ He stole my hens.” “ I as much bé-Heve he stole my hens, as I am alive.” The defendant pleaded the general issue, with notice of special matter to be given in evidence, justifying the truth of the charge.
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THIS was an action of slander, tried before Mr. Chief Justice Spencer, at the Albany circuit, in October, 1818. The words laid in the declaration, as spoken by the defendant of the plaintiff,, were : “ You are a thief.” You st0le my hens.” “ He stole my hens.” “ I as much bé-Heve he stole my hens, as I am alive.” The defendant pleaded the general issue, with notice of special matter to be given in evidence, justifying the truth of the charge. At the trial, the plaintiff* proved, that the defendant, in the spring of 1816, had spoken the words charged. The de-fendaint then produced a record of…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. The question whether the record of conviction was evidence or not, is certainly not free from doubt. Both Peake and Phillips treat it as a point pretty much afioat, and I have met with no case expressly deciding it. The case of Jones v. While, (1 Str. 68.) independently of the Loose manner in which the judges speak, and the nature of the issue, cannot be considered an authority, for the Court was equally divided. Btiller, in his Msl Prius, (245.) lays down the law to be, that “ though a conviction in a court of criminal jurisdiction be…
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