M'Clurg v. Ross
Supreme Court of Pennsylvania
IN ERROR. THIS was an action in the Common Pleas of Alleghany for words. The declaration alleged, that the defendant Ross, on the 6th of October 1808, uttered the following false scandalous and malicious words of and concerning the plaintiff, in the presence or divers citizens, to wit “ Joseph M'Clurg (the. a said Joseph meaning) was an United Irishman, and got “ the money of the United Irishmen into his hands, and ran “ away with it; (meaning that the said Joseph had…
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IN ERROR. THIS was an action in the Common Pleas of Alleghany for words. The declaration alleged, that the defendant Ross, on the 6th of October 1808, uttered the following false scandalous and malicious words of and concerning the plaintiff, in the presence or divers citizens, to wit “ Joseph M'Clurg (the. a said Joseph meaning) was an United Irishman, and got “ the money of the United Irishmen into his hands, and ran “ away with it; (meaning that the said Joseph had abscond- “ ed, and had feloniously appropriated the said money, to “ his own use, and thus had committed a felony) and is now…
1Opinion of the Court
Tilghman C. J.
after stating the finding of the jury and the words laid in the declaration, delivered his opinion as follows:
There is no doubt but these words if believed, must very *219much injure the plaintiff’s character. Take them in the mildest sense, and they imply a breach of trust, which is highly dishonourable. This is one of the grounds on which the plaintiff’s counsel have rested the support of the action. Cases from the civil law were cited, but we are not governed by the civil law. The common law must be our guide. There is a great difference between words spoken and words written. It…
2Cases cited2 opinions
- Shaffer v. KintzerSupreme Court of Pennsylvania · 1809
- Bornman v. BoyerSupreme Court of Pennsylvania · 1811
3Cited by12 opinions
- Pollard v. LyonSupreme Court of the United States · 1876
- Johnson Ex Rel. Johnson v. HackettDistrict Court, E.D. Pennsylvania · 1968
- Davis v. CareySupreme Court of Pennsylvania · 1891
- Henry v. SimsSupreme Court of Pennsylvania · 1836
- Gosling v. MorganSupreme Court of Pennsylvania · 1858
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