Chapman v. Smith
New York Supreme Court
THIS was a writ of error to the court of common pleas of Seneca county. ;The declaration was for slander, and contained six counts. . ■' The first count stated, that a prosecution had beeh depending before a court of three justices of the peace of the county of Se.7ie.ta, legally constituted, agreeably to the act entitled, an act concerning apprentices,and servants, passed 20th of February., 1801, to hear and determine a certain cause between the people, of the state oí…
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THIS was a writ of error to the court of common pleas of Seneca county. ;The declaration was for slander, and contained six counts. . ■' The first count stated, that a prosecution had beeh depending before a court of three justices of the peace of the county of Se.7ie.ta, legally constituted, agreeably to the act entitled, an act concerning apprentices,and servants, passed 20th of February., 1801, to hear and determine a certain cause between the people, of the state oí Jfcw-Y uric, on the complaint of Ebcnezcr Cartei'line, jun., and the defendant below, which prosecution- or cause had been…
1Opinion of the Court
Spencer, J.,
delivered the opinion of the éourt. 'It Is objected, that thé judgment below being general, it ought fo be reversed ■for defec ts in the four first counts.; and if those counts are defective the judgment cannot be supported.
• „ The defects aré supposed to-consist in this, that it is not sufficiently alleged that the three justices had' jurisdiction of the *79ter set forth in the colloquium; and that there is no avermentthat the matters sworn to by the plaintiff below, were material. It is alleged in the declaration, in reference to the counts-ob-jected to, “ that a certain…
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