Bennett v. Hyde
Supreme Court of Connecticut
This was an action of slander, for words, variously stated in different counts, imputing to the plaintiff the crime of perjury. The declaration averred, that the plaintiff from his youth, had sustained a fair character, and had never been justly chargeable with this crime.
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This was an action of slander, for words, variously stated in different counts, imputing to the plaintiff the crime of perjury. The declaration averred, that the plaintiff from his youth, had sustained a fair character, and had never been justly chargeable with this crime. The cause Was tried on the general issue, at Brooklyn, September term, 1824, before Hosmer, Ch. J. The plaintiff offered evidence to prove the condition of the defendant; particularly, that he was a man of property, being Worth from 10,000 to 15,000 dollars. This testimony, though objected to, by the defendant, was…
1Opinion of the Court
Hosmer, Ch. J.
The evidence in a cause must be confined to the points in issue ; and the character of either party cannot be enquired into, unless put in issue expressly, or by the nature of the proceeding itself. 1 Phill. Ev. 139.
In this case, conformably to the established doctrine of our courts, the character of the plaintiff was in issue. It was the object of the defendant’s attack ; the injury to it is the gravamen complained of; and for the vindication of it, the present action was instituted. It was said, by Ch. J. Kent, in Foot v. Tracy, 1 Johns. Rep. 46. 52. “ The character of the…
2Cases cited2 opinions
- Larned v. BuffintonMassachusetts Supreme Judicial Court · 1807
- Stow v. ConverseSupreme Court of Connecticut · 1821
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