Legal Opinion

Tipton v. Kahle

Supreme Court of Pennsylvania

Decided September 15, 1834PublishedCited by 4 opinions

WRIT of error to the court of common pleas of Venango county. This was an action of slander brought by Frederick Kahle, the defendant in error, against the plaintiff in error, Lee Tipton.

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WRIT of error to the court of common pleas of Venango county. This was an action of slander brought by Frederick Kahle, the defendant in error, against the plaintiff in error, Lee Tipton. The declaration set forth, that Tipton had uttered words concerning Kahle, “ in substance as follows, to wit: the is perjured, and swore me out of a sum of money, and will swear any thing, and is a damned rascal: he is a thief, and I can prove it’ (meaning that he, the said Frederick, was guilty of the crime of perjury, and was a base wicked and abandoned wretch, and would swear any thing, and meaning that…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

Two errors have been assigned in this cause. The first is in the declaration, and the second in the court’s answers to *93the four points proposed to them by the-defendant’s counsel. As we perceive no error, except in one of the answers of the court, it is unnecessary to repeat all these points in detail. That one is the answer given by the court to the defendant’s third point.

The court was correct in saying that the words laid in the declation, “he swore me out of a sum of money,” were not actionable. But the consequence was, that all proof…

2Cases cited3 opinions

  1. Shaffer v. KintzerSupreme Court of Pennsylvania · 1809
  2. Kennedy v. LowrySupreme Court of Pennsylvania · 1808
  3. Packer v. SpanglerSupreme Court of Pennsylvania · 1809

3Cited by4 opinions

  1. Itri v. LewisSuperior Court of Pennsylvania · 1980
  2. Kenyon v. CameronSupreme Court of Rhode Island · 1890
  3. Lukehart v. ByerlySupreme Court of Pennsylvania · 1867
  4. Cauldwell v. Neilson, Pennsylvania Court of Common Pleas, Philadelphia County1922

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