Hopkins v. Smith
New York Supreme Court
This was an action of slander, for accusing the plaintiff of perjury on a trial before a justice of the peace, in a suit between the overseers of the poor and the defendant, under the excise law. The defendant pleaded the general issue, and gave notice of justification. The cause was referred to a sole referee, by consent of the parties, who heard the cause and reported in favor of the defendant.
Read the full summary
This was an action of slander, for accusing the plaintiff of perjury on a trial before a justice of the peace, in a suit between the overseers of the poor and the defendant, under the excise law. The defendant pleaded the general issue, and gave notice of justification. The cause was referred to a sole referee, by consent of the parties, who heard the cause and reported in favor of the defendant. The cause came before the court on a case, upon which the plaintiff moved to set aside the report of the referee,
1Opinion of the Court
By the Court,
Morehouse, J.
No exceptions were taken to the pleadings, on the argument, nor are they furnished as part of the case. I assume therefore, that the defendant apprized the plaintiff that he intended to prove that he not only swore false, but that such falsehood was wilful and corrupt. The defendant, for the avowed purpose of showing that the swearing was wilful and corrupt, offered to prove former grudges and ill will of the plaintiff towards the defendant, and that after the trial before the justice he spoke exultingly of having paid the defendant off. The plaintiff’s counsel…
2Cases cited2 opinions
- Clark v. DibbleNew York Supreme Court · 1837
- Andrews v. VanduzerNew York Supreme Court · 1814
3Cited by9 opinions
- People v. . BriggsNew York Court of Appeals · 1889
- Kurz v. . DoerrNew York Court of Appeals · 1904
- Jarnigan v. FlemingMississippi Supreme Court · 1871
- Kurz v. DoerrAppellate Division of the Supreme Court of the State of New York · 1903
- Davis v. Rome, Watertown & Ogdensburgh RailroadNew York Supreme Court · 1890
4 more not listed; retrieve them via the Exa API.