Mahan v. Berry
Supreme Court of Missouri
The plaintiff, James Mahan, charges in his declaration that the defendant, in a conversation concerning evidence which the said Mahan had given on an arbitration, said of him that he had sworn a lie, had been guilty of perjury, had perjured himself, &c. The defendant pleaded not guilty.
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The plaintiff, James Mahan, charges in his declaration that the defendant, in a conversation concerning evidence which the said Mahan had given on an arbitration, said of him that he had sworn a lie, had been guilty of perjury, had perjured himself, &c. The defendant pleaded not guilty. Upon the trial of the cause, it was admitted that there had been an arbitration, four or five years since, between James A. Ma-han and William Berry, about a horse called Charley, as set forth in the declaration. That the agreement to submit said arbitration was by parol, and notin writing; and that the…
1Opinion of the CourtMcGirk, Judge
Mahan brought an action of slander against Berry, for-charging him with s wearingjfalsely before certain arbitrators in a matter submitted to them, wherein Mahan and Berry were parties. It appeared by the evidence that Mahan and Berry had some matter of difference, which they submitted to certain arbitrators verbally, without the sáme being made a rule of court, or in any other manner being a judicial proceeding, but that the same was voluntary and extra judicial. The plaintiff proved the speaking -of the words. It appeared, also, that on this arbitration, Mahan was sworn by a justice of the…
2Cited by3 opinions
- Lightfoot v. JenningsSupreme Court of Missouri · 1953
- Williams v. PerkinsSupreme Court of Missouri · 1884
- Collins v. StateSupreme Court of Florida · 1894