M'Almont v. M'Clelland
Supreme Court of Pennsylvania
On a writ of error to the Common Pleas of Washington county, it appeared by the record, that Robert M‘Clelland, the defendant in error, brought this action against John MtUlmont, the plaintiff in error, for defamatory words. The declaration contained two counts, in the first of which, the words were laid thus: “You are a thief, and I can prove it; you stole hides or leather out of your father’s tan vats in the night-time.”
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On a writ of error to the Common Pleas of Washington county, it appeared by the record, that Robert M‘Clelland, the defendant in error, brought this action against John MtUlmont, the plaintiff in error, for defamatory words. The declaration contained two counts, in the first of which, the words were laid thus: “You are a thief, and I can prove it; you stole hides or leather out of your father’s tan vats in the night-time.” In the second count, the same words were laid in the third person. At. the trial, the plaintiff offered Isaac Griffith and Richard Chapman, to prove the facts hereafter…
1Opinion of the Court
*361The opinion of the court was delivered by
Duncan, J.
This was an action, brought by M‘Clelland, against M‘Jilmont, for defamatory words laid in two counts. In the first, “ You are a thief, and I can prove it. You stole hides or leather out of your father’s vats in the night time.” In the second count the words are I aid in the third person.
The errors assigned were in receiving the evidence of William, Rankin and Isaac Griffith. They are precisely of the same character, and are said to consist in this, — that these witnesses could not state the very words of the defendant, whether it was stole.…
2Cited by3 opinions
- Mix v. WoodwardSupreme Court of Connecticut · 1837
- Wilms v. White ex rel. AlsipCourt of Appeals of Maryland · 1867
- Bodwell v. SwanMassachusetts Supreme Judicial Court · 1825