Wood v. Southwick
Massachusetts Supreme Judicial Court
Tort. The declaration contained two counts, the first for slander, the second for assault and battery. Damages were laid in the sum of one thousand dollars.
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Tort. The declaration contained two counts, the first for slander, the second for assault and battery. Damages were laid in the sum of one thousand dollars. The count for slander alleged “that the defendant publicly, falsely and maliciously accused the plaintiff of the crime of perjury, by words spoken of the plaintiff substantially as follows: You’ (meaning the plaintiff) swore to a God damn lie last spring in that case of Obe’s about the poor-farm-house, and I’ (meaning the defendant) ‘ can prove it; and that these words referred to the plaintiff’s testimony as a witness for the prisoner at…
1Opinion of the CourtFoster, J.
The words set forth in this declaration and alleged to have been spoken by the plaintiff of the defendant are: “ You swore to a-lie last spring in that case of Obe’s about the poor-farm-house, and I can prove it.” This language would seem to be in itself actionable, as amounting to an accusation of the srime of perjury, without the aid of any colloquia or averments of extrinsic facts in explanation of the circumstances under which the words were uttered. Towle v. Robbins, 12 Mass. 498. [n such a case the materiality of the false testimony with which •the defendant has charged the plaintiff…
2Cases cited1 opinion
- Kimble v. CumminsCourt of Appeals of Kentucky · 1860
3Cited by4 opinions
- Commonwealth v. CabotMassachusetts Supreme Judicial Court · 1922
- Brothers v. BrothersSupreme Court of Alabama · 1922
- Morrin v. ManningMassachusetts Supreme Judicial Court · 1910
- Rowley v. RayMassachusetts Supreme Judicial Court · 1885