Wilber v. Widner
New York Supreme Court
Error from the Monroe common pleas. Daniel K. Widner brought an action of slander against Wilber, in the Monroe common pleas. In declaring, the plaintiff, in the commencement of the declaration, is named' David K. Widner, and his name is not again mentioned. The defendant appeared and plead, issue was joined, and the cause brought to trial.
Read the full summary
Error from the Monroe common pleas. Daniel K. Widner brought an action of slander against Wilber, in the Monroe common pleas. In declaring, the plaintiff, in the commencement of the declaration, is named' David K. Widner, and his name is not again mentioned. The defendant appeared and plead, issue was joined, and the cause brought to trial. On the trial, the words for the speaking of which the action was brought, were proved to have been spoken of and concerning Daniel K. Widner. The capias was produced, which was in the name of Daniel IL Widner, and the pleas of the defendant were shown to…
1Opinion of the Court
By the Court,
Sutherland, J.
The objection arising on the face of the record appears to be unanswerable. The declaration throughout is in the name of David K. Widner, and the judgment is in favor of Daniel K. Widner. It is an action of slander, and, on the face of the record, Daniel has recovered a judgment against the defendant, for a slander uttered against David. No doubt it was a mistake, and enough appears in the bill of exceptions to authorize the améndment, on a proper application for that purpose; but the bill of exceptions cannot be used in aid of the record, and there is nothing in…
2Cited by2 opinions
- Yucker v. MorrisNew Jersey Court of Chancery · 1915
- Brown v. Edinger, New York County Courts1908