Phincle v. Vaughan
New York Supreme Court
This was an action for slander, tried at the Schoharie circuit in June, 1850, before Mr. Justice Parker. The words alledged to have been spoken by the defendant, as stated in the complaint, were, “ You have sworn false“ You have sworn false under oath “ You have lied under oath.” The complaint contained no averment that the words were spoken in reference to a judicial proceeding.
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This was an action for slander, tried at the Schoharie circuit in June, 1850, before Mr. Justice Parker. The words alledged to have been spoken by the defendant, as stated in the complaint, were, “ You have sworn false“ You have sworn false under oath “ You have lied under oath.” The complaint contained no averment that the words were spoken in reference to a judicial proceeding. After the jury had been empannelled, the defendant’s counsel moved for a nonsuit, on the ground that the words charged were not actionable. The judge reserved the question, stating that upon hearing the evidence, it…
1Opinion of the Court
By the Court,
Harris, J.
There is nothing in the words, as laid in the complaint, which in any way connects them with a judicial proceeding. In themselves, therefore, they are incapable of a slanderous meaning. Such words, before they can be made significant of crime, must be connected with some proceeding in which perjury might have been committed. (1 Starkie on Slander, Wend. ed. 22.) It must appear from the accompanying circumstances to have been meant and understood that the false swearing was such as would constitute the offense of perjury. This rule is settled by a line of authorities too…
2Cases cited6 opinions
- Gilman v. LowellNew York Supreme Court · 1832
- Ward v. ClarkNew York Supreme Court · 1806
- Ross v. RouseNew York Supreme Court · 1828
- Pelton v. WardNew York Supreme Court · 1805
- Hopkins v. BeedleNew York Supreme Court · 1803
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3Cited by7 opinions
- Villemin v. BrownAppellate Division of the Supreme Court of the State of New York · 1920
- Johnson v. Best Overhead Door, LLCCourt of Appeals of Oregon · 2010
- Bruch v. CarterSupreme Court of New Jersey · 1867
- Dennis v. SnellNew York Supreme Court · 1866
- Salters v. GeninThe Superior Court of New York City · 1860
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