Champion v. Franklin

Judge Cammack

Affirming.

■ The principal question on this appeal is, whether the appellee, Chester Franklin, defendant below, was permitted to plead inconsistent defenses. The petition charged that Mr. Franklin slandered Dr. Champion by accusing him of false swearing. In the first paragraph of his answer Mr. Franklin denied that he falsely and maliciously uttered the words “that Dr. L. Champion swore lies, one after another, in the trial of a prosecution in the Livingston Quarterly Court, wherein the said Champion was defendant.” In the second paragraph he said further that, in the event it…