Mapes v. Weeks
New York Supreme Court
This was an action of slander tried at the Orange circuit in April, 1829, before the Hon. James Emott, one of the circuit judges. The words charged in the declaration to have been spoken were the following : “ He is a thief and I can prove it—he stole a sheep from Solomon Colliding and I can prove it by his (plaintiff’s) boys—I wonder how you can vote for him, he is a thief—he is a robber of hen-roosts and I can prove it* The defendant pleaded the general issue.
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This was an action of slander tried at the Orange circuit in April, 1829, before the Hon. James Emott, one of the circuit judges. The words charged in the declaration to have been spoken were the following : “ He is a thief and I can prove it—he stole a sheep from Solomon Colliding and I can prove it by his (plaintiff’s) boys—I wonder how you can vote for him, he is a thief—he is a robber of hen-roosts and I can prove it* The defendant pleaded the general issue. On the trial of the cause, it was proved that at the general election in November, 1828, the plaintiff was a candidate for the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
There is no pretence for the application for granting a new trial in this case. The defendant had openly and publicly said that the plaintiff had stolen a sheep and he could prove it by a certain boy. When he is sued for the slander, instead of producing the boy or any body else to prove the charge, he wishes to excuse himself by proving that the boy told him so. The judge properly excluded the testimony, and was perfectly justified in the remark that the defendant had endorsed the slander of Archer by making the positive charge, and asserting his ability to make…
2Cases cited1 opinion
- Wolcott v. HallMassachusetts Supreme Judicial Court · 1810
3Cited by22 opinions
- Inman v. FosterNew York Supreme Court · 1832
- Fitzpatrick v. Daily States Publishing Co.Supreme Court of Louisiana · 1896
- Williams v. MinerSupreme Court of Connecticut · 1847
- Scott v. McKinnishSupreme Court of Alabama · 1849
- Jarnigan v. FlemingMississippi Supreme Court · 1871
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