Kay v. Fredrigal
Supreme Court of Pennsylvania
In error from the Common Pleas of Bedford county. June 12. Case for slander. In the declaration filed, August 19, 1844, the words were set out, “ I (meaning the said defendant) say she (the said plaintiff, meaning) swore false.” To this there was a plea of not guilty, with leave to give the special matter and circumstances in evidence. After an appeal from arbitrators w'as filed, the plaintiff obtained leave to file an amended declaration.
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In error from the Common Pleas of Bedford county. June 12. Case for slander. In the declaration filed, August 19, 1844, the words were set out, “ I (meaning the said defendant) say she (the said plaintiff, meaning) swore false.” To this there was a plea of not guilty, with leave to give the special matter and circumstances in evidence. After an appeal from arbitrators w'as filed, the plaintiff obtained leave to file an amended declaration. In this the same words were set out, with this addition, “ Thereby then and there meaning, that she the said plaintiff, in giving her evidence at the said…
1Opinion of the CourtSergeant, J.
The first and fourth errors assigned are, *223that the words are not actionable as laid an(l proved, and that the declaration is defective. This is applicable Jfco the first declaration, because, although the innuendo is omitted, supposing that to be a defect, yet it is supplied by the second declaration, which contains the proper innuendo. There is no ground for insisting that there is still error. Where an amended declaration is filed by leave of the court, it is virtually a withdrawal of the first; and if the parties go to trial under such circumstances, it is to be presumed it was had on the…
2Cases cited2 opinions
- Petrie v. RoseSupreme Court of Pennsylvania · 1843
- Sharp v. EmmetSupreme Court of Pennsylvania · 1840
3Cited by6 opinions
- Atherton v. Clearview Coal Co.Supreme Court of Pennsylvania · 1920
- Commonwealth ex rel. John T. Baldwin & Co. v. YeisleySuperior Court of Pennsylvania · 1898
- Reichert v. TRW, Inc., Cutting Tools Div.Supreme Court of Pennsylvania · 1992
- Grieco v. PerrySupreme Court of Rhode Island · 1997
- Donaldson v. FortnaSuperior Court of Pennsylvania · 1921
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