Shroyer v. Miller
West Virginia Supreme Court
The declaration in this case was filed in the clerk’s office of the circuit court of Taylor county, at July rules, 1864. It averred that a certain suit was pending before James Conn, a justice of Taylor county, before the committing of the grievances, &c., and had been by the justice tried; that on said trial, wherein Andrew Shroyer was plaintiff and John F. Smith was defendant, the plaintiff Miller had been sworn as a witness; that the defendant Shroyer, envying liis good…
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The declaration in this case was filed in the clerk’s office of the circuit court of Taylor county, at July rules, 1864. It averred that a certain suit was pending before James Conn, a justice of Taylor county, before the committing of the grievances, &c., and had been by the justice tried; that on said trial, wherein Andrew Shroyer was plaintiff and John F. Smith was defendant, the plaintiff Miller had been sworn as a witness; that the defendant Shroyer, envying liis good name, &c., did, on a certain day, in the hearing, &c., falsely and maliciously speak and publish, concerning the said…
1Opinion of the CourtBerkshire, J.
The record in this case discloses but two questions for our consideration, both of which are assigned in the petition for the supersedeas.
The first is as to the sufficiency of the first count in the declaration. It is a common law count for defamation upon a charge of perjury.
It was insisted in the argument here, that the count is fatally defective for omitting to aver that the matters deposed to by the plaintiff, on the trial of the suit therein referred to, were material to the proceedings then pending and' being tried before the justice, and that for this reason the demurrer to this count…
2Cited by9 opinions
- Massee v. WilliamsCourt of Appeals for the Sixth Circuit · 1913
- Hitchcock v. MooreMichigan Supreme Court · 1888
- Press Pub. Co. v. McDonaldCourt of Appeals for the Second Circuit · 1894
- Downey v. DillonIndiana Supreme Court · 1876
- People's Store v. LedfordCourt of Appeals of Kentucky (pre-1976) · 1933
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