Pelton v. Ward
New York Supreme Court
THIS was an action for words spoken of the plaintiff, and came beiore the court on a motion m arrest or judgment. The declaration consisted of nine counts. The first, second and third, charged the defendant with saying you mere false« The fourth, fifth and sixth, with saying, you swore lo a damned lie and -you knew it.
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THIS was an action for words spoken of the plaintiff, and came beiore the court on a motion m arrest or judgment. The declaration consisted of nine counts. The first, second and third, charged the defendant with saying you mere false« The fourth, fifth and sixth, with saying, you swore lo a damned lie and -you knew it. The seventh, eighth and ninth, with saying, you swore to a damned lie and you knew it, for which you now stand indicted, innuendo that the plaintiff had committed wilful perjury. The defendant pleaded to all the counts, first not guilty, and secondly in bar a justification,…
1Opinion of the Court
Per curiam, delivered by
Spencer, J.
The first inquiry will naturally relate to the charge in the three last counts. The office of an innuendo is to contain and design the person who was named in certain before. “ It cannot alter the matter or sense of “ the words themselves.’’ It cannot extehd the Words, by an imagination of an intent not apparent by any precedent words, to which the innuendo should.refer, " in effect it stands in lieu df ⅜ *77" pretdictum." This doctrine is laid down in the case of James v. Rutlech, 4 Rep. 17, and has been the received law ever since. In the case of Oldham v.…
2Cited by11 opinions
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- Stow v. ConverseSupreme Court of Connecticut · 1821
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