Allen v. Crofoot
New York Supreme Court
On demurrer to the replication. The action was slander, for charging the plaintiff with perjury. Plea, that the words were spoken in reference to the testimony of the plaintiff, on the trial of a, cause.
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On demurrer to the replication. The action was slander, for charging the plaintiff with perjury. Plea, that the words were spoken in reference to the testimony of the plaintiff, on the trial of a, cause. After setting out the parties, the nature of the cause, and the question litigated, it stated the evidence given, and averred that the words were spoken in reference to certain parts of the testimony, spebifying them, which were not material to the issue; and that the defendant was so understood by the hearers. Replication, de injuria sua propria, &c., concluding to the country. Special…
1Opinion of the Court
Curia, per Woodworth, J.
The defendant’s plea is good in substance, but bad on special demurrer; because the allegation how the words were understood, and in reference to what they were spoken, was proper evidence under the general issue. The plea amounts to the general issue.
The plaintiff, however, cannot, after replying, go back to the plea, unless it is bad in substance.
The question is, then, on the replication. . The defendant assigns for cause, that it puts in issue matter of record *and matter of fact; that it neither admits nor denies the pendency of the action in which the plaintiff…
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