Mitchell v. Borden
New York Supreme Court
Error from the Oneida common pleas. Borden sued Mitchell in slander, for charging him with having sworn false on the trial of a cause in which one Wynkoop was plaintiff and Mitchell defendant.
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Error from the Oneida common pleas. Borden sued Mitchell in slander, for charging him with having sworn false on the trial of a cause in which one Wynkoop was plaintiff and Mitchell defendant. The defendant pleaded the general issue, and gave notice that on the trial of the cause he would prove that Borden, being called as a witness, was objected to as interested, and was sworn on his voire dire, and stated that he was not interested in the event of the suit, that he was not a party to a certain contract for the hewing of timber on which the suit in question was brought, and labored as a…
1Opinion of the Court
By the Court, Sutherland, J.
The decision of the court below in excluding the evidence offered, was in precise accordance with the principle settled by this court in Shepard v. Merril, 13 Johns. R. 475. If the matter contained in the notice had been put in the form of a plea, it would most obviously have been bad upon general demurrer; it simply alleges that the facts sWorn to by the defendant were not true, but contains no allegation or intimation that such falsehood was wilful or corrupt; for aught that is disclosed or averred in the notice, it may have been an unintentional and innocent…
2Cited by6 opinions
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- Burgwin v. BabcockIllinois Supreme Court · 1849
- Dolloway v. TurrillNew York Supreme Court · 1841
- Fowler v. ColtonWisconsin Supreme Court · 1843
- Cooper v. BarberNew York Supreme Court · 1840
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