Legal Opinion

Emery v. Miller

Court for the Trial of Impeachments and Correction of Errors

Decided May 15, 1845PublishedCited by 3 opinions

- Slander, tried before Dayton, C. Judge, at the Erie circuit, in November, 1842. The declaration contained several counts.

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- Slander, tried before Dayton, C. Judge, at the Erie circuit, in November, 1842. The declaration contained several counts. The introduction to the first and second, after the usual inducement of good character, &c. set forth that a complaint was pending before the grand jury of Erie county, duly summoned, On the trial, the plaintiff called a witness and commenced examining him to prove the words set out in the first and second counts of the declaration, and the defendant’s counsel objected to any proof of the words set forth in those counts until proof had been given of the organization of,…

1Opinion of the Court

By the Court, Beardsley, J.

The first two counts in the declaration state that a court of oyer and terminer was held in and for the county of Erie, before certain judges whose names are given; that a grand jury was duly empanneled and sworn at said court; that a certain complaint was pending before said jury, in respect to which the plaintiff was sworn and examined as a witness, and that the defendant, subsequently, charged the plaintiff with having sworn • falsely in the evidence so given by him.

The slanderous words are thus laid as spoken in reference to a particular occasion, and they must…

2Cases cited2 opinions

  1. M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
  2. Bullock v. KoonNew York Supreme Court · 1830

3Cited by3 opinions

  1. Crawford v. WilsonNew York Supreme Court · 1848
  2. Coons v. RobinsonNew York Supreme Court · 1848
  3. Kern v. TowsleyNew York Supreme Court · 1867

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